Four Pennsylvania prisoners who are serving mandatory life without parole for second‑degree murder filed a rare King’s Bench petition on Thursday, urging the state Supreme Court to open a pathway for resentencing. The petitioners – John Marshall Payne III, Lori Ann Lassiter, Marsha Scaggs and Cecil Holmes – argue that the court’s March decision in Commonwealth v. Lee, which held that mandatory life without parole for second‑degree murder is unconstitutional under the state constitution, should apply retroactively to the more than 1,100 inmates already serving such sentences.
Background on the court’s March ruling
In March, the Pennsylvania Supreme Court ruled that sentencing a person to mandatory life without parole without considering the individual’s role in the underlying felony is “unnecessarily cruel.” The court stayed its decision until July 24, giving the General Assembly time to amend the sentencing statutes. The justices did not make the ruling retroactive, leaving it to the legislature and executive to determine how to address those already incarcerated.
Legislative inaction and the petition
Since the court’s decision, the General Assembly has not passed legislation to address the unconstitutional sentencing scheme. The legislature adjourned in July without sending any bill to Governor Josh Shapiro, who had filed an amicus brief requesting guidance on how to proceed. The petitioners contend that this delay leaves them in an “unjust situation,” with decades‑long sentences that the court has deemed cruel.
Details of the petitioners
All four petitioners are represented by the Abolitionist Law Center and Phillips Black, nonprofit firms that focus on incarcerated clients. Payne, a 70‑year‑old, was convicted in 1986 for a robbery that resulted in the death of 90‑year‑old Elsie Rishel. Lassiter, 62, was convicted in 1989 for initiating a robbery that led to the death of cab driver Eddie Byrd. Scaggs, also 62, was convicted in 1988 for participation in a kidnapping and murder; she refused to fire a weapon when ordered. Holmes, 70, was convicted in 1980 for acting as a lookout during an attempted robbery that ended in a stabbing.
Legal arguments
The petition argues that the current legal framework – the Post Conviction Relief Act – requires a petition within one year of the final judgment, unless a new constitutional right is established and applied retroactively. Because many of the cases date back decades, any new petitions would likely be dismissed as untimely, creating a “fundamental inequity.” The petitioners ask the court to declare the Lee ruling retroactive and to establish a clear process for resentencing.
Potential impact
If the Supreme Court grants the petition and makes the ruling retroactive, judges in county‑level Common Pleas Courts would be required to consider each inmate’s individual role in the underlying felony when imposing sentences. This could lead to a significant reduction in the prison population and lower costs for taxpayers, a point highlighted by the petitioners.
Political context
The Pennsylvania House is controlled by Democrats, while the Senate has a Republican majority. Both chambers have introduced legislation addressing the court’s decision, but partisan disagreements have stalled progress. The petition comes at a time when the state’s criminal‑justice system is under scrutiny, and it underscores the tension between the judiciary’s constitutional interpretation and the legislature’s authority to amend statutes.
What’s next?
The Supreme Court is not required to set a timeline for deciding a King’s Bench petition, and even if it accepts the case, the process could take years. Nonetheless, the petitioners hope that a prompt decision will prevent further “unconstitutional cruel sentences” and provide relief to those serving life without parole for crimes committed decades ago.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
