While Commonwealth v. Asher was pending in the Superior Court, the Pennsylvania Supreme Court rendered its decision in Commonwealth v. Torsilieri, 232 A.3d 567 (Pa. 2020). In Torsilieri, the Supreme Court was asked to decide whether SORNA’s inherent irrebuttable presumption that sex offenders are likely to recidivate violates due process. In Torsilieri, the Supreme Court remanded to the trial court for evidence to be taken on that issue. And likewise, here, the Superior Court remanded the matter to the trial court for further litigation.
