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Derek Lee Case Update: PA SUPREME COURT MAKES POWERFUL DECISION THAT FELONY MURDER IS UNCONSTITUTIONAL.

March 26, 2026 — A Historic Step Toward Justice in Pennsylvania
Today, the Pennsylvania Supreme Court made a powerful and long-overdue decision. The court ruled that automatically sentencing someone to life in prison without the possibility of parole for felony murder is unconstitutional.
At the center of this case is Derek Lee. The court found that his sentence—and others like it—failed to consider a critical factor: individual responsibility. In other words, people were being sentenced to die in prison without any real examination of what role they actually played in the crime.
The justices made it clear:
A punishment this severe—life without parole—should never be automatic. It must reflect a person’s actual level of involvement and culpability. Without that, the sentence is not just unfair—it is cruel under Pennsylvania’s Constitution.
This ruling is historic. For the first time since 1790, Pennsylvania’s constitutional protection against “cruel punishments” has been interpreted more broadly than the federal Constitution. That means the state is recognizing a deeper responsibility to ensure justice is not only lawful—but humane.
The court also acknowledged the reality of what life without parole truly means:
a sentence to die in prison, with no hope of release, no matter the circumstances.
Because this decision will affect many cases, the court has given lawmakers 120 days to fix the sentencing laws.
Why This Matters:
Over 1,000 people in Pennsylvania are serving life without parole for felony murder.
About 70% are Black, highlighting deep racial disparities.
Until now, Pennsylvania required this sentence automatically—no exceptions.
That changes today.
This decision opens the door for people to finally be seen as individuals—not just convictions. It creates a path toward second chances, accountability, and the possibility of redemption.
A Broader Movement:
This moment did not happen overnight. It is the result of years—decades—of advocacy by incarcerated people, families, and communities who have fought against what they call “Death by Incarceration.”
Pennsylvania has one of the highest rates of these sentences in the world. Thousands of people have been condemned to die in prison, often without ever being given a meaningful opportunity to show growth, remorse, or change.
This ruling represents a turning point.
Who Derek Lee Is Today:
Derek Lee has already served more than a decade in prison. During that time, he has worked to grow, give back, and find purpose. He serves as an assistant to the prison chaplain and holds a leadership role in the Pennsylvania Lifers’ Association.
His story reflects something important:
people are more than the worst moment of their lives.
What Comes Next:
This decision brings real hope—hope that families may be reunited, that people will finally be given a chance to be heard, and that justice can evolve. But it is also just the beginning.
Lawmakers must now act to fix the law, and advocates will continue pushing to end life-without-parole sentences altogether.
A Message of Hope:
This ruling is about more than one case. It’s about dignity. It’s about fairness. And it’s about recognizing that redemption should never be off the table.
For many families, today is the first glimpse of something they’ve been waiting years to feel:
hope.


                 Read all documents and case briefs below ⬇️

Derek Lee Case Update: Still Awaiting PA Supreme Court Ruling

January 15, 2026

The Pennsylvania Supreme Court has not yet issued its decision in Commonwealth v. Derek Lee, but all indications suggest a ruling may be forthcoming. While the timing remains uncertain, this moment is critical for families, supporters, and advocates to stay informed and prepared to respond once the Court acts.

To ensure accurate, timely, and unfiltered information, we encourage supporters to sign up to receive direct updates. This will allow families and community members to immediately understand the ruling, its implications, and the next legal steps—without misinformation or speculation filling the gap.

The Court heard oral arguments in the Lee case in October 2024. As with all Pennsylvania Supreme Court matters, there is no statutory deadline requiring the justices to issue a decision by a specific date. Still, the length of this delay is notable. Initially, many reasonably believed the Court was holding the case until after the November 2025 judicial retention elections. Those elections have now passed, and more than two months have elapsed since then, with no apparent procedural or institutional barriers remaining.

While further delay is always possible, supporters should be aware that a ruling could come at any time.

There are substantive reasons to believe the Court may ultimately find Pennsylvania’s mandatory second-degree felony murder sentences unconstitutional. During oral argument, the justices devoted very little attention to the Commonwealth’s defense of the sentence. Instead, much of the discussion centered on the constitutional deficiencies of the sentencing scheme and on potential remedies should the Court strike it down.

This posture was striking. Rather than debating whether the sentence survives constitutional scrutiny, the Court appeared more focused on how to address the consequences if it does not. Such an approach is unusual—particularly in cases involving life-without-parole or death-by-incarceration sentences, where courts historically proceed with extreme caution.

While those following the case remain realistic and mindful of past disappointments from higher courts, it is fair to say that expectations are more hopeful than in prior years. The tone and substance of the October 2024 argument suggest a genuine willingness to^ confront the constitutionality of mandatory felony murder sentences in Pennsylvania.

For Derek Lee, his family, and the broader community impacted by felony murder laws, this case represents more than an individual appeal—it is a potential turning point. We remain vigilant, prepared, and cautiously optimistic as we await the Court’s decision.

Supporters are encouraged to stay engaged, sign up for updates, and be ready to act once the ruling is released.

Justice may be delayed—but it has not been forgotten

Timeline of Key Filings and Proceedings in Derek Lee's Case

 March 26, 2026 -  Pennsylvania Supreme Court ruled that mandatory life without parole for felony murder is unconstitutional and vacated Mr. Lee’s sentence.


November 8, 2024 — Pennsylvania Supreme Court oral arguments


October 30, 2024 — Opposition filed in response to the Supplemental Amicus Brief


October 8, 2024 — Supplemental Amicus Brief filed on behalf of the Commonwealth of Pennsylvania by the Office of the Attorney General


July 12, 2024 — Reply Brief for Appellant filed


June 28–July 26, 2024 — Amici Curiae Briefs filed in support of the Appellee
Support for the Commonwealth’s position submitted by public prosecutor


June 28, 2024 — Appellee’s Brief filed


April 26, 2024 — Appellant’s Brief filed


April 26, 2024 — Seventeen (17) Amici Curiae Briefs filed in support of the Appellant Amicus support for Derek Lee’s appeal submitted by victims, corrections officials, prosecutors, Governor Josh Shapiro, legal scholars, and multiple justice organizations


February 16, 2024 — Petition for Allowance of Appeal granted

DEREK LEE AMICUS CURIAE BRIEFS

Here are all the briefs filed for the Derek Lee case. 

derek lee allowance of appeal 2024.02.16 (pdf)

Download

Petition for Allowance of Appeal 2023.07.13 (pdf)

Download

STAMPED Brief for Appellant (pdf)

Download

UN_Experts_Amicus_Brief (pdf)

Download

Sentencing_Project_Amicus_Brief (pdf)

Download

Prison_Society_Amicus_Brief (pdf)

Download

POWER_Interfaith_Amicus_Brief (pdf)

Download

Phila_DAO_Amicus_Brief (pdf)

Download

Former_Lifers_Amicus_Brief (pdf)

Download

PA_Innocence_Project_Amicus_Brief (pdf)

Download

JLC_YSRP_PLSE_Amicus_Brief (pdf)

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Governor_Josh_Shapiro_Amicus_Brief (pdf)

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Former_Prosecutors_and_Judges_of_Pennsylvania_Amicus_Brief (pdf)

Download

Former_Dept_of_Corrections_Wetzel_and_Little_Amicus Brief (pdf)

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Defender_Assn_Amicus_Brief (pdf)

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Criminologist_Amicus_Brief (pdf)

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Board_of_Pardons_Former_Secretaries_Amicus_Brief (pdf)

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Antiracism_and_Community_Lawyering_Practicum_at_Boston_University_Amicus_Brief (pdf)

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8th_Amendment_Scholars_Amicus_Brief (pdf)

Download

** NEW **

On March 26th, 2026, the Supreme Court of Pennsylvania ruled that mandatory life without parole for Felony Murder is an Unconstitutional Punishment and vacated Mr. Lee's sentence.

Majority Opinion- Derek Lee 2026 (pdf)

Download

** NEW **

United Nations Report (pdf)

Download

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