The Superior Court of Pennsylvania ruled Tuesday that former Penn State University assistant football coach Jerry Sandusky must be re-sentenced as he was originally sentenced in accordance with mandatory sentencing laws that are now unconstitutional.
Sandusky was convicted of 45 counts of sexual abuse in 2012 and sentenced to 30 to 60 years in prison, in accordance with the mandatory sentencing laws for certain crimes against minors. The court’s 2016 decision in Commonwealth v. Wolfe stated that the law was “irremediably unconstitutional on its face, non-severable, and void.”
The court’s 119-page opinion rejected 21 of Sandusky’s 22 arguments, which mostly concerned ineffective assistance of counsel. If granted, the first 21 issues likely would have entitled Sandusky to a new trial. Sandusky’s lawyer Al Lindsay has said that he will continue fighting for a new trial all the way the the Pennsylvania Supreme Court, which has already rejected one appeal attempt.
The case will return to the trial court for re-sentencing. It’s possible that Sandusky’s term length will remain unchanged despite not using the mandatory sentencing laws.