Commonwealth v. Moose is another decision of the Pennsylvania appellate courts concerning Subchapters H and I of SORNA. In 1995, the defendant entered a negotiated guilty plea to third-degree murder, rape, and criminal conspiracy. At the time the defendant pleaded guilty, Pennsylvania had not yet enacted laws requiring sex offender registration. In December 2011, PA … Read more
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.
In 1994, the defendant entered a guilty plea to kidnapping a minor and has long since served his sentence. In 2019, he filed a coram nobis petition challenging his sex offender registration. In Commonwealth v. Duncan, the Court ruled that the petition for coram nobis could proceed and it need not be treated as an untimely … Read more
The defendant filed a petition seeking collateral relief from his criminal convictions pursuant to the Post Conviction Relief Act. He claimed that his sentence to lifetime registration under Act 10 was illegal. But he filed his PCRA petition about four years after his judgments of sentence became final. The Superior Court held that the PCRA … Read more
Hromek appealed the denial of his challenge to the legality of his sentence via a “Petition for Enforcement of Plea Agreement.” The Superior Court treated the Petition as a PCRA petition, and affirmed its denial because it was untimely. The Court noted that, while challenges to the legality of a sentence cannot be waived, they … Read more