Law360 (September 30, 2026, 2:10 PM EDT) -- The Pennsylvania Supreme Court will decide whether its March ruling ending mandatory life sentences for second-degree murder should be applied retroactively to prisoners already serving those sentences.

The justices Tuesday agreed to take up an appeal from Jerome Coffey, who was convicted of second-degree murder in Philadelphia in 1994 and is seeking to have his life sentence overturned based on the high court's ruling in Commonwealth v. Lee that a second-degree murder sentence must consider the defendant's level of culpability, so a mandatory life sentence is unconstitutional.

"Does this court's decision in Commonwealth v. Lee finding mandatory life-without-parole unconstitutional for second-degree murder convictions apply retroactively?," said the court order granting Coffey's petition for appeal.

The appeal will decide a question that was unanswered in the Lee case, affecting approximately 1,100 inmates in Pennsylvania prisons serving life sentences for second-degree murder. Second-degree murder, also known as felony murder, is charged against defendants who are accomplices to felonies that result in death, even if they are not directly involved in the murder.

In the Lee case, the state Supreme Court had found that the state constitution's ban on "cruel punishment" was stricter than the "cruel and unusual" punishments barred by the Eighth Amendment to the U.S. Constitution. Because it did not consider the actual circumstances of a crime, a mandatory life sentence for second-degree murder was "cruel" even if it wasn't "unusual," and should be barred by the state constitution, the high court's ruling said.

Derek Lee had been convicted for participating in a botched 2014 robbery in Pittsburgh, where he had allegedly been in another room during a home invasion when his accomplice shot and killed one of the home's occupants.

The justices had given the state Legislature a 120-day window to pass new sentencing guidelines for second-degree murder, including whether and how to reopen prior sentences. But lawmakers were unable to reach an agreement before the deadline, and the court declined to grant an extension.

Coffey had been convicted for a December 1992 shooting in Philadelphia. Multiple cars had boxed in a vehicle and men got out shouting that they were part of a "task force," according to Coffey's petition for appeal and the Pennsylvania Superior Court. Another man pulled the victim into one of the surrounding cars and fatally shot him; testimony at trial claimed Coffey had been part of the setup but was not the shooter.

"Mr. Coffey's case squarely presents the first-impression issue of retroactivity raised by this court's ruling in Commonwealth v. Lee," his petition for appeal said.

While Coffey's appeal also alleged there were errors by his defense counsel, inconsistencies and alleged recantations by witnesses, the state Supreme Court said it would only focus on the sentence.

"Mr. Coffey is one of more than 1,100 people who are waiting for the promise of the Supreme Court's decision in Lee to be fulfilled," said Bret Grote, legal director of the Abolitionist Law Center, representing Coffey, in a statement. "We are determined to ensure that Mr. Coffey and all those who are serving this unconstitutional sentence have their rights vindicated and are provided the opportunity to return to their communities."

Counsel for the Philadelphia District Attorney's Office, which had prosecuted the case, did not immediately respond to requests for comment.

Coffey is represented by Rupalee Rashatwar, Quinn A. Cozzens, Bret D. Grote and Lolo Serrano of the Abolitionist Law Center.

The Commonwealth is represented by Lawrence J. Goode, Zachary A. Green and Andrew J. Greer of the Philadelphia District Attorney's Office.

The case is Commonwealth v. Coffey, case number 34 EAP 2026, in the Supreme Court of Pennsylvania.

--Editing by Patrick Reagan.

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