DOJ releases SORNA Case Law Summary

[8/20/2022] The Dept. of Justice has released its Sex Offender Registration and Notification in the United States: Case Law Summary report: “[t]his summary is current through July 2022 and addresses the Sex Offender Registration and Notification Act (SORNA), including SORNA’s requirements, and provides information about case law impacting state and federal sex offender registration and notification laws across the country.…

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Update on Commonwealth v. Aumick

As you may recall, I posted an article on February 26th about the Superior Court opinion of Commonwealth v. John Aumick where the Court found that SVP determinations cannot be based simply on allegations and hearsay. Normally I don’t write articles on Superior Court cases for two reasons: 1) an application for en banc (full court) reargument can be filed…

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Another Blow to SORNA I with Failure to Register Conviction Relief

December 22, 2021 has seen the release of many case opinions from the PA Supreme Court (SCOPA) with Commonwealth v. David Santana being the biggest win for our advocacy efforts. In a 5-2 decision, SCOPA affirmed the Superior Court’s opinion that “Mr. Santana’s registration requirement under SORNA was an after-the-fact punishment, and therefore unconstitutional. Accordingly, he had no duty to…

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Separation of Powers in Pennsylvania: The Judiciary’s Prevention of Legislative Encroachment

Duquesne Law Review Vol 32, No. 3, Article 6 1994 John M. Mulchey By JB The following article from the Duke University Law Review explains how and why our Pennsylvania Supreme Court is more powerful than most other states’ supreme courts. The cases and the way our Supreme Court has interpreted its powers are explained through the Court’s interpretation of…

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