Category: Legal/Court

Pennsylvania Supreme Court Rules PCRA Cannot Be Used to Challenge SORNA Registration Requirements

Commonwealth v. Arnett, No. 19 MAP 2023 | Decided March 26, 2026 The Pennsylvania Supreme Court issued a significant procedural ruling on March 26, 2026, in Commonwealth v. Arnett, clarifying that the Post Conviction Relief Act (PCRA) is not an available vehicle for challenging the constitutionality of Pennsylvania’s Sex Offender Registration and Notification Act (SORNA II). The decision was authored…

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Commonwealth v. Kurtz: A Turning Point for Digital Privacy in Pennsylvania

Background of the Case In July 2016, a woman in rural Northumberland County was kidnapped from her home, sexually assaulted, and later released. The victim was unable to identify her attacker, and DNA evidence initially produced no match, leaving investigators without a suspect after traditional leads were exhausted. Investigators then sought a reverse keyword search warrant directed to Google, requiring…

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PARSOL Applauds Third Circuit Victory Protecting Fair Chance Hiring in Pennsylvania

The Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) celebrates a major legal victory for workers with criminal records following yesterday’s decision by the U.S. Court of Appeals for the Third Circuit in Phath v. Central Transport LLC. The court reversed the district court’s dismissal and held that Pennsylvania’s Criminal History Record Information Act (CHRIA) protects job applicants even when…

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Two New PA Supreme Court Opinions

Commonwealth v. Kurtz The Pennsylvania Supreme Court’s decision in Commonwealth v. Kurtz, 98, 99, 100 MAP 2023, marks a significant shift in how digital privacy is treated under Pennsylvania law. The Court held that individuals have no reasonable expectation of privacy in ordinary, unprotected Google search queries or related IP-address data. Because the Court found no privacy interest at stake,…

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Pa. Supreme Court Hears Oral Argument in Commonwealth v. Osman

On October 8, 2025, the Supreme Court of Pennsylvania (SCOPA) heard oral argument in Commonwealth v. Osman, a case that could significantly affect individuals convicted of sexual offenses in the Commonwealth. At issue is a deceptively simple question with major ramifications: Does the law require courts to impose an automatic three-year consecutive probation sentence when a person is convicted of…

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U.S. Sentencing Commission Releases 2025 Amendments

Today the U.S. Sentencing Commission released its 2025 amendments to the Federal Sentencing Guidelines.  The amendments will take effect in 6 months unless Congress overrides them. ACTION NEEDED:USSC is seeking comment on retroactivity of the amendments.  Comment Deadline: June 2 ANALYSIS: The below analysis uses the term “sex offender” in direct quote reference to the USSC’s language in the guidelines…

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Our Opinion: The criminal justice system is dangerous for autistic people

Mr. Robert Roberson was wrongfully convicted in 2003 of murdering his 2 year old daughter, convicted on the basis of “junk science,” but arrested because of the way he acted. His “flat affect” — meaning he didn’t show his emotions — while in the emergency room with her raised the suspicions of hospital staff, leading to his arrest. “His attorneys have…

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Superior Court Upholds “Three Strike” Rule – Lifetime Imprisonment for Repeat Offenders

The Pennsylvania Superior Court’s recent (21 Mar 2025) decision in Commonwealth v. Davis (No. 1038 MDA 2023) presents a complex legal issue regarding the constitutionality of mandatory life sentences for repeat offenders convicted of distributing child sexual abuse materials (CSAM).  Background Joseph J. Davis was convicted of two counts each of sexual abuse of children (distribution of child sexual abuse…

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