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Weekly Caselaw Updates

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Commonwealth v. Wolf

The Pennsylvania Superior Court swatted away the defendant’s challenges to his registration obligations under Subchapter H of SORNA, 42 Pa.C.S. §§ 9799.10-9799.42. The defendant claimed that the registration requirements amounted to an illegal sentence and violated his rights to due process because they are impermissibly punitive, based on an irrebuttable…

Commonwealth v. Wolf
Pennsylvania Superior Court

The Pennsylvania Superior Court swatted away the defendant’s challenges to his registration obligations under Subchapter H of SORNA, 42 Pa.C.S. §§ 9799.10-9799.42. The defendant claimed that the registration requirements amounted to an illegal sentence and violated his rights to due process because they are impermissibly punitive, based on an irrebuttable false presumption, and do not… Continue reading Commonwealth v. Wolf

A.L. v. Pa. State Police
Pennsylvania Supreme Court

The six participating justices on the Pennsylvania Supreme Court actually agreed on something when they determined that sexual assault as defined under the Uniform Code of Military Justice is comparable to sexual assault as defined under the Pennsylvania Crimes Code. The appellant was convicted of sexual assault under 10 U.S.C. § 920(b)(3)(A) in a general… Continue reading A.L. v. Pa. State Police

Commonwealth v. Lippencourt
Pennsylvania Superior Court

An en banc panel of the Pennsylvania Superior Court reversed the defendant’s designation as a Sexually Violent Predator (SVP). On February 11, 2020, the trial court filed an order designating the defendant as an SVP according to the factors listed in Megan’s Law II. However, at the time, the applicable sexual offender registration law was specified… Continue reading Commonwealth v. Lippencourt

J.B. v. Pa. State Police
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court sustained the state police’s preliminary objections to a petition for review seeking declaratory and injunctive relief. The petitioner argued that the registration and reporting requirements under the Sexual Offender Registration and Notification Act (SORNA II) are punitive as applied to him in violation of the ex post facto clauses of the… Continue reading J.B. v. Pa. State Police

C.M. v. Pa. State Police
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court denied the petitioner’s application for removal from Pennsylvania’s sex offender registry. The petitioner challenged the application of Subchapter I of SORNA II to him, arguing that he was not required to register under Megan’s Law II, which was in effect in various forms from 2000 until… Continue reading C.M. v. Pa. State Police

Commonwealth v. Santana
Pennsylvania Supreme Court

The Pennsylvania Supreme Court thoroughly discussed an ex-post facto analysis and held that its decision in Muniz applies to offenders whose triggering offense occurred in another state. In Commonwealth v. Muniz, the PA Supreme Court ruled that the Sexual Offender Registration and Notification Act (SORNA) constituted a punitive regulatory scheme that, when imposed retroactively to… Continue reading Commonwealth v. Santana

Commonwealth v. Sandoval
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the defendant’s conviction for failure to comply with Subchapter I registration requirements. In 2011, the defendant pleaded to one count of abduction with sexual motivation in an Ohio court. The court required him to register as a Tier II sex offender under Ohio’s laws for 25 years. In 2019, the… Continue reading Commonwealth v. Sandoval

United States v. Icker
3rd Circuit

As a police officer, the defendant used his badge to harass, grope, and force oral sex on several women. He pleaded guilty to depriving individuals of their civil rights under color of law. At sentencing, the District Court judge ordered him to comply with the requirements of SORNA, even though the crimes to which the… Continue reading United States v. Icker

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

Commonwealth v. Morgan
Pennsylvania Superior Court

The Pennsylvania Superior Court addressed an issue left open by Commonwealth v. Lacombe: Does Pennsylvania’s sexual offense registry violate a registrant’s right to reputation provided in the Pennsylvania Constitution? Here, the defendant was subject to SORNA II’s registration requirements and claimed that his right to reputation under Sections 1 and 11 of Article I of… Continue reading Commonwealth v. Morgan