Pennsylvania inmates whose death sentences have been vacated or overturned cannot force the state Department of Corrections to remove them from death row — solitary confinement — under the applicable statute, a split Commonwealth Court panel ruled last week.
Saying that a writ of mandamus compelling the department to return the inmates to the general prison population would contradict the act governing criminal defendants sentenced to death, the court rejected an appeal by a group of death row inmates whose death sentences have been vacated in Clark v. Beard, PICS Case No. 07-0214 (Pa. Commw. Feb. 2007) Leavitt, J., Friedman, J. dissenting (30 pages).
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