The Pennsylvania Supreme Court ruled 4-3 that Philadelphia judges must notify the state Office of Attorney General before granting relief in cases where District Attorney Larry Krasner's office concedes a conviction should be overturned. The decision stems from concerns about the reliability of concessions made by Krasner's Conviction Integrity Unit, which reviews potential wrongful convictions.
The case centered on Levar Brown, a Philadelphia man convicted in the 2004 murder of Michael Richardson and the 2005 murder of Robert Crawford. In 2023, Krasner's office conceded Brown's conviction should not stand and requested a new trial without an evidentiary hearing. A Philadelphia judge approved that request before the state Supreme Court reversed it on appeal.
What the Right Is Saying
Pennsylvania Attorney General Dave Sunday praised the ruling, saying his office will serve as a check on the process for Philadelphia residents and victims' families. "Centuries of experience teach that the best way to achieve justice is through the adversarial process, with vigorous representation for both sides," Sunday said in a statement.
"The prosecutor does not decide whether a defendant is entitled to relief under the Post Conviction Relief Act," wrote Justice Kevin Dougherty for the majority. The court found Krasner's office conceded relief when it was not warranted by the existing record, withheld material evidence from the court, submitted a false stipulation of fact, and failed to conduct reasonable investigations.
Family members of murder victims Michael Richardson and Robert Crawford brought the case before the state's high court. They argued that unilateral concessions by prosecutors undermine the adversarial system designed to protect all parties.
What the Left Is Saying
Criminal justice reform advocates argue that conviction integrity units represent a necessary check on wrongful convictions that have historically disproportionately affected Black defendants and other minorities. Krasner ran for office in 2017 on a platform of criminal justice reform, pledging to reduce mass incarceration and review questionable convictions.
Progressive groups note that the court's decision does not address whether Brown's underlying conviction was sound. Critics argue the ruling creates bureaucratic barriers that could delay justice for individuals who may have been wrongly convicted. The Krasner administration has maintained its Conviction Integrity Unit operates transparently and follows established legal procedures in reviewing cases.
What the Numbers Show
Since Krasner took office in 2018, his office has conceded post-conviction relief in more than 100 cases, mostly involving murder convictions, according to the court's opinion. The state's Conviction Integrity Unit currently has over 1,000 cases awaiting review.
The Pennsylvania Supreme Court ruling was a 4-3 decision along ideological lines. Justice Kevin Dougherty, a Democrat, authored the majority opinion and was joined by Justice Daniel McCaffery, also a Democrat, plus two Republican justices. The three dissenters were all Democrats on the seven-member court.
The Bottom Line
The ruling stops short of transferring control of Krasner's cases to the state attorney general but creates a new mandatory checkpoint in post-conviction proceedings involving Philadelphia convictions. Going forward, any judge considering granting relief after a Krasner concession must notify the attorney general's office and allow intervention before approving the request.
The Pennsylvania Office of Attorney General said it is assessing what the ruling will mean for its workload, budget, and personnel requirements. The decision is expected to significantly increase the AG's involvement in Philadelphia criminal cases moving forward.
Legal observers say the ruling could set a precedent for how conviction integrity units operate statewide and may face future challenges on constitutional grounds regarding separation of powers between state and local prosecutors.