Patterson Belknap submitted an amicus brief that played a significant role in a historic victory in the Pennsylvania Supreme Court, decided on March 26, 2026, in Pennsylvania v. Lee. Pennsylvania was one of a minority of states that imposed a mandatory sentence of life without parole (LWOP) for the crime of felony murder. For the first time since the Pennsylvania constitution was enacted in 1790, the court applied Pennsylvania’s version of the Eighth Amendment – banning “cruel” punishments and held the penalty required by Pennsylvania law was an unconstitutional cruel punishment.  

The Court’s opinion noted the submission of sixteen amicus briefs and specifically cited the firm’s brief, filed on behalf of “Criminologists and Law Professors,” for “providing additional insight into the constitutionality of punishment for felony murder.” As the Court noted, the brief “dissect[ed] the four purposes of sentencing: retribution, rehabilitation, deterrence, and incapacitation, and conclude[d] that a life without parole sentence for felony murder is inconsistent with all four penological purposes.” The opinion discussed these four purposes at length and concluded that LWOP – without an assessment of culpability – is inconsistent with them all.

The Court relied only on the Pennsylvania constitution and not the federal constitution, precluding review by the U.S. Supreme Court and solidifying the decision as the law of Pennsylvania.

To read the amicus brief, please click here.