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Pennsylvania High Court Reverses New Trial and Orders State Oversight of Philly DA Concessions

The court said Philadelphia prosecutors made unreliable concessions and directed judges to notify the state attorney general and allow intervention before granting relief.

Overview

  • The Pennsylvania Supreme Court reversed a lower court’s grant of a new trial for Levar Brown and sent the case back to the state post-conviction court after finding the DA’s concession unreliable.
  • The majority said the Philadelphia District Attorney’s Office withheld material evidence, submitted a false stipulation of fact, misstated facts in filings, failed to investigate properly, and opposed a required evidentiary hearing.
  • The court ordered that judges must give the Pennsylvania Office of Attorney General notice and the chance to intervene before approving any future concessions by the Philadelphia DA in post-conviction proceedings.
  • Attorney General Dave Sunday praised the ruling and said his office will assess the impact on workload, budget, and staff, while DA Larry Krasner called the decision anti-democratic and defended his reform agenda.
  • The opinion noted the DA’s Conviction Integrity Unit has conceded relief in well over 100 cases since 2018 and has about 1,000 cases pending review, raising questions about victims’ rights, review reliability, and statewide checks on local prosecutors.