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SCOTT v. PENNSYLVANIA BOARD OF PROBATION

No. 16 WAP 2021.

284 A.3d 178 (2022)

Marie SCOTT, Normita Jackson, Marsha Scaggs, Reid Evans, Wyatt Evans, Tyreem Rivers v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. Appeal of: Marie Scott, Normita Jackson, Marsha Scaggs, Tyreem Rivers.

Supreme Court of Pennsylvania.

Decided: October 19, 2022.

Attorney(s) appearing for the Case

Cheryl Ann Brooks, Esq. , Defender Association of Philadelphia, for Amicus Curiae Defender Association of Philadelphia.

Elizabeth Mary Casey, Esq. , Mark David Taticchi, Esq. , Faegre Drinker Biddle & Reath LLP, Philadelphia, for Amicus Curiae The Sentencing Project.

Susan Mon-Yi Lin, Esq. , Kairys, Rudovsky, Messing, Feinberg & Lin, LLP, Philadelphia, for Amicus Curiae Scholars of Eighth Amendment Law.

Nyssa E. Taylor, Esq. , for Amicus Curiae American Civil Liberties Union of Pennsylvania.

Francis Boyd, Pro Se.

Quinn Alexander Cozzens , Bret Douglas Grote , Nia Olivia Naheelah Holston, Esqs. , Abolitionist Law Center, Deneekie Kaleel Grant , Ashley Kristin Henderson, Esqs. , Amistad Law Project, for Appellants Marie Scott, Normita Jackson, Marsha Scaggs, Tyreem Rivers.

Ronald Eisenberg, Esq. , Philadelphia, for Appellee Pennsylvania Board of Probation and Parole.

Caleb Curtis Enerson, Esq. , Pennsylvania Department of Labor & Industry, 651 Boas Street, Alan Matthew Robinson, Esq. , for Appellee Pennsylvania Board of Probation and Parole.

BAER, C.J., TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

The four named appellants were convicted of what is today codified as second-degree murder1 and as a result are ineligible for parole per 61 Pa.C.S. § 6137(a)(1). ("The board may parole ... any offender to whom the power to parole is granted to the board by this chapter, except...

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