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Weekly Caselaw Updates

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Commonwealth v. Zack

The Pennsylvania Superior Court issued an opinion regarding Megan's Law III, sexually violent predators, SORNA I, Commonwealth v. Muniz, Commonwealth v. Neiman, and other related provisions. The opinion is best read within arm's reach of Excedrin (or if you are one of our readers from the Garden State, maybe a…

Commonwealth v. Zack
Pennsylvania Superior Court

The Pennsylvania Superior Court issued an opinion regarding Megan’s Law III, sexually violent predators, SORNA I, Commonwealth v. Muniz, Commonwealth v. Neiman, and other related provisions. The opinion is best read within arm’s reach of Excedrin (or if you are one of our readers from the Garden State, maybe a green leafy substance). A defendant… Continue reading Commonwealth v. Zack

The New Jersey Appellate Division reviewed the defendant’s conviction for violating the terms of his Community Supervision for Life (“CSL”). In 2002, the defendant was convicted of endangering the welfare of a child and thus subject to CSL. At the time, N.J.S.A. 2C:43-6.4(d) provided that a conviction for violating CSL was a fourth-degree crime. But… Continue reading State v. Jacobs

In re Registrant J.D-F.
New Jersey Supreme Court

In this appeal, the New Jersey Supreme Court was tasked with deciding whether N.J.S.A. 2C:7-2(g), a Megan’s Law provision that bars certain sex offenders from applying under N.J.S.A. 2C:7-2(f) to terminate their registration as sex offenders, applied to a registrant who committed Megan’s Law offenses before the date on which subsection (g) became effective but… Continue reading In re Registrant J.D-F.

Commonwealth v. Stanley
Pennsylvania Superior Court

The defendant was on probation for failure to comply with sex offender registration requirements, pursuant to Megan’s Law III. Later, he was found to be in violation of his probation and sentenced to further probation. He appealed the VOP sentence. The Pennsylvania Superior Court vacated the sentence because Megan’s Law III expired in 2012 and must… Continue reading Commonwealth v. Stanley

J.K. v. NJ State Parole Bd.
New Jersey Supreme Court

In 2015, J.K. filed a petition with the New Jersey Parole Board seeking to change his residency from New Jersey to Poland, while remaining under the supervision of the Board. The Board requested an updated transfer application that included certifications/affidavits of the parties who intended to provide J.K. with a residence and who intended to… Continue reading J.K. v. NJ State Parole Bd.

Adams v. Pa. State Police
Pennsylvania Commonwealth Court

The Commonwealth Court rejected the petitioner’s application to declare that he was not required to register as a sex offender under SORNA I. The petitioner was placed on the original Megan’s Law when he was sentenced in 1998. Over the years, he was subject to Megan’s Law I, Megan’s Law II, Megan’s Law III, and… Continue reading Adams v. Pa. State Police

State v. Brown
New Jersey Supreme Court

In State v. Brown, the New Jersey Supreme Court had to determine whether it is an ex post facto violation to subject a Megan’s Law registrant to a third-degree charge for failing to register when the offense was merely a fourth-degree crime when the registrant was initially required to register. The Court held that Megan’s… Continue reading State v. Brown

Commonwealth v. Asher
Pennsylvania Superior Court

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… Continue reading Commonwealth v. Asher

Commonwealth v. Leone
Pennsylvania Superior Court

In Commonwealth v. Leone, the Pennsylvania Superior Court held that the defendant’s designation as a sexually violent predator (SVP) was constitutional. The Pennsylvania Supreme Court previously held in Commonwealth v. Butler, 226 A.3d 972 (Pa. 2020), that the mechanism by which defendants are determined to be SVPs is constitutional.

Commonwealth v. Santana
Pennsylvania Superior Court

An en banc panel of the Superior Court waded into the murky waters of SORNA in Commonwealth v. Santana. The defendant was convicted of rape in New York in 1983 and was released from jail in 2000. Under NY law, he was required to register as a sex offender for life. In 1994, Pennsylvania enacted… Continue reading Commonwealth v. Santana