Commonwealth v. Hernandez

Jose Hernandez was initially sentenced to four mandatory life without parole (LWOP) sentences for offenses committed when he was 17 years old. Following the United States Supreme Court decisions in Miller v. Alabama and Montgomery v. Louisiana, Mr. Hernandez’s LWOP sentences were vacated, and he was resentenced to four concurrent terms of 45 years to life.

Along with the Defender Association of Philadelphia, Juvenile Law Center acted as co-counsel for Mr. Hernandez in the Superior Court of Pennsylvania, arguing that his de facto life sentence is unconstitutional under the provision of the Pennsylvania Constitution barring cruel punishments, which is broader than the Eighth Amendment.



Marsha Levick