The New Jersey Appellate Division reversed an order from the Law Division that granted in part the State’s motion to redact the victim’s address from discovery. Defense counsel sought to have the victim’s address made available to his investigators but not the defendant. The Appellate Division held that the order failed to adequately consider the … Read more
In State v. C.W.H., the New Jersey Appellate Division confronted a problematic trial in which the defendant was convicted of sexually assaulting his young daughter decades after the alleged crimes. The Appellate Division found plain error in testimony admitted from two of the State’s primary witnesses: the investigating detective and a relative who received the … Read more
In United States v. Davis, the defendant answered an ad on Craigslist.com looking for casual sex. Unfortunately, the “wild child” he responded to was actually a police officer engaged in a sting operation. On appeal, the defendant claimed that the evidence was insufficient to convict because he believed he bought condoms and subsequently traveled across … Read more
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
In a stunning turn of events, the Pennsylvania Supreme Court in Commonwealth v. Lacombe ruled that Subchapter I of SORNA is nonpunitive and, thus, applying it to individuals, who committed crimes and were sentenced before its enactment, does not violate the prohibition on ex post facto laws. This decision breaks with Commonwealth v. Muniz, which … Read more
The defendant was convicted of homicide and sexual assault charges in 2000, was awarded a new trial, and in 2007 again convicted of the charges. In 2018, with the Innocence Project as his counsel, he moved for a new trial, arguing that changes in bitemark identification reliability and scientific validity had changed sufficiently to undermine … Read more
The defendant challenged his sentence for failing to register as a sex-offender under 18 Pa.C.S. § 4915, which has been ruled unconstitutional. The PA Supreme Court held that the defendant’s sentence was illegal and vacated the judgments of sentence.
University of the Sciences expelled a student after the school determined that he violated the code of conduct by engaging in two sexual assaults. The student was unsuccessful in appealing that ruling within the school’s administrative process, so he filed suit in federal court. The district court granted the school’s 12(b)(6) motion. The 3rd Circuit … Read more