Pennsylvania Supreme Court orders outside oversight of Philadelphia DA Krasner's post-conviction concessions

By 
, June 21, 2026

A divided Pennsylvania Supreme Court has ordered that Philadelphia District Attorney Larry Krasner's office must face independent scrutiny from the state attorney general before any local judge grants relief in cases where his prosecutors concede a criminal conviction should be overturned. The 4-3 ruling reversed a lower court order that would have given convicted double murderer Levar Brown a new trial, and laid out a blistering catalog of misconduct by Krasner's Conviction Integrity Unit along the way.

The majority opinion, authored by Justice Kevin Dougherty, himself a Democrat, found that Krasner's office withheld material evidence from the court, submitted a false stipulation of fact, misstated facts in its pleadings, failed to conduct a reasonable investigation, and opposed a required evidentiary hearing. The court's bottom line: the DA's concession in the Brown case "was not reliable."

That phrase carries weight. When a state's highest court tells a sitting district attorney that his word cannot be trusted in post-conviction proceedings, it is not a procedural footnote. It is a direct rebuke of the way Krasner's office has handled more than 100 conviction concessions since 2018, the vast majority in murder cases, with more than 1,000 additional cases still waiting in the Conviction Integrity Unit's review queue.

The case of Levar Brown

Brown was convicted by a Philadelphia jury in 2004 for the murder of Michael Richardson. A second Philadelphia jury convicted him in 2005 for the murder of Robert Crawford. Two decades later, Krasner's office conceded Brown should receive a new trial and argued relief was due without an evidentiary hearing.

The families of Richardson and Crawford brought the case to the Pennsylvania Supreme Court. What the justices found when they examined the record was damning. Fox News Digital reported that the majority concluded Krasner's office had not merely made a judgment call prosecutors might disagree about, it had actively misled the court and concealed evidence that cut against its own position.

Justice Dougherty wrote plainly in the majority opinion:

"The prosecutor does not decide whether a defendant is entitled to relief under the Post Conviction Relief Act."

That single sentence reframes the entire debate. Krasner's Conviction Integrity Unit has operated for years as though the DA's concession was, for practical purposes, the final word. A Philadelphia judge would receive the DA's agreement that a conviction should be vacated, and relief would follow. The Supreme Court just told every judge in Philadelphia that this shortcut is over, at least in Krasner's jurisdiction.

A remedy aimed at one office

The court's order does not strip Krasner of prosecutorial discretion. His office remains free to litigate cases as it sees fit. But going forward, whenever the Philadelphia DA's office concedes that a conviction should be overturned, the presiding judge must notify the Pennsylvania Office of Attorney General and allow the AG to intervene before granting relief.

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The majority said the attorney general's independent assessment and participation will "enhance the reliability" of post-conviction proceedings. The ruling stops short of handing control of cases to the state, but it creates a check that exists nowhere else in Pennsylvania. Krasner is quick to point that out, though he frames it as discrimination against Philadelphia voters rather than a response to documented misconduct.

Pennsylvania Attorney General Dave Sunday, a Republican, praised the decision. In a statement, Sunday said:

"As prosecutors, our role is to advocate for victims of crime, for public safety, and for justice. Centuries of experience teach that the best way to achieve that justice is through the adversarial process, with vigorous representation for both sides."

The attorney general's office told Fox News Digital it is now assessing what the ruling will mean for workload, budget, and personnel. Given the scale, well over 100 concessions already made and more than 1,000 cases still in the pipeline, the operational burden could be significant.

The AG's office acknowledged as much, stating that "given the many unknowns involved, including the number of cases concessions will be made in and our response to those concessions, it may be difficult to fully assess these impacts until the process truly begins." The court's decision to side with victims' families and impose outside oversight marks a turning point in how Philadelphia's post-conviction machinery will function.

The bipartisan majority, and the dissent

The ruling's political composition matters. Justice Dougherty, the opinion's author, is a Democrat. Justice Daniel McCaffery, also a Democrat, joined him. Two Republican justices rounded out the four-vote majority. The three dissenters were all Democrats, with Justice David Wecht warning that the majority was injecting the attorney general into local post-conviction proceedings and interfering with the discretion of Philadelphia's elected prosecutor.

That framing, elected prosecutor versus state oversight, is the fault line Krasner wants to exploit. But the majority's detailed findings of misconduct make the dissent's position harder to defend. When a prosecutor's office submits a false stipulation of fact and withholds material evidence, the question is no longer about local autonomy. It is about whether the adversarial process still functions at all.

The broader pattern of Democrats breaking with their own party's institutional positions on matters of law and accountability continues to surface in unexpected places. Here, two Democratic justices looked at the record and concluded that their fellow Democrat's office could not be trusted to police itself.

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Krasner's response: reform as identity

Rather than address the court's specific findings, the false stipulation, the withheld evidence, the misstated facts, Krasner posted a video response online. He cast the ruling as an attack on criminal justice reform itself, invoking images of Rosa Parks and Martin Luther King Jr.

"The truth is that criminal justice reform is a national social justice movement. And like all other social justice movements, it follows a certain pattern. First they ignore you. We're past it. Then they laugh at you. We're past that. Then they fight you. And we have been fighting for eight and a half years. And then the next step, we got to get there, is you win."

Krasner described the ruling as a "close decision" and complained that his office now needs "the attorney general's office looking over our shoulder unlike every other county." He added: "Does that help democracy? No. It actually undermines the value of a vote in Philadelphia as compared to every other county."

The argument is clever but hollow. No other county's DA has been found by the state's highest court to have withheld evidence, submitted false stipulations, and misrepresented facts in post-conviction proceedings. The oversight is unique because the misconduct is unique.

Krasner also asked in the video: "Reform can be scary to those who need it. Which part don't you like? The safety or the freedom?" His office did not respond to Fox News Digital's request for comment on the ruling itself.

What it means for victims

The people most directly affected by this ruling are not politicians or prosecutors. They are the families of murder victims, people like the relatives of Michael Richardson and Robert Crawford who fought their way to the state Supreme Court because they believed a convicted killer was being set free without a fair process.

Since 2018, Krasner's office has conceded post-conviction relief well over 100 times, mostly in murder cases. Each of those cases represents a victim, a family, and a jury verdict. Some of those concessions may be legitimate corrections of genuine injustice. But the Supreme Court's findings in the Brown case raise an uncomfortable question: how many of those 100-plus concessions were built on the same kind of unreliable advocacy the court just exposed?

The uneven application of post-conviction review is a concern that extends well beyond Philadelphia. But few jurisdictions have seen a prosecutor's office so aggressively concede convictions, and so thoroughly lose the confidence of the court reviewing those concessions.

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Brown's case now returns to the Pennsylvania post-conviction court for further proceedings. The new trial order is vacated. Whatever happens next will unfold with the attorney general's office in the room, a presence the court deemed necessary precisely because Krasner's office proved it could not be relied upon to present the full picture.

A pattern beyond one case

The majority opinion did not limit its concerns to Levar Brown. The justices noted that similar problems were evident in other post-conviction cases handled by Krasner's office. That broader finding is what makes the remedy, mandatory AG notification and intervention rights, apply going forward to all future concession cases, not just this one.

With more than 1,000 cases still awaiting Conviction Integrity Unit review, the pipeline of potential concessions is enormous. The attorney general's office will now have a seat at the table for every one of them. Whether Sunday's office has the resources to handle that caseload remains an open question, and his team has acknowledged as much.

The willingness of progressive leaders to embrace figures and causes without adequate vetting is a recurring theme in American politics. In Philadelphia, that pattern has played out in the post-conviction arena with real consequences for public safety and victims' families.

The real accountability gap

Krasner has held office for eight and a half years by his own count. In that time, his Conviction Integrity Unit has become one of the most active in the country. Proponents call it justice. But the Pennsylvania Supreme Court, including two of Krasner's fellow Democrats, just concluded that the process his office used to free a convicted double murderer was built on withheld evidence, false statements, and misstated facts.

That is not reform. That is a breakdown in the adversarial system that American criminal law depends on. The court's remedy is measured: it does not remove Krasner from office or strip his discretion. It simply says that when his office concedes a conviction, someone else needs to verify the work.

The fact that progressive political figures continue to build their brands on criminal justice positions while the institutional machinery behind those positions crumbles under judicial scrutiny tells you everything about where the movement's priorities actually lie.

When a court has to assign a state attorney general to look over a local prosecutor's shoulder because that prosecutor's own submissions cannot be trusted, the system has not been reformed. It has been compromised. The families of Michael Richardson and Robert Crawford already knew that. Now the Pennsylvania Supreme Court has said it on the record.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson