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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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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The Superior Court QUASHED the appeal of PSP in Commonwealth v. Kale on May 5, 2020 when the Trial Court denied their “Emergency Motion to Intervene and Vacate Order Nunc Pro Tunc” arguing that the Defendant should not be removed from the registry. PSP argued they have “standing to appear and contest a filing in a court of this Commonwealth…
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Irrebuttable Presumption in Pennsylvania In Pennsylvania, there are two types of constitutional challenges to a statute: facial and as applied. An as-applied attack on a statute is a limited attack. “It does not contend that a law is unconstitutional as written, but that its application to a particular person under particular circumstances deprives that person of a constitutional right” (Com.…
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Commonwealth v. Torsilieri Update 1/15/21 The fate of the public sex offender registry in PA will be determined sometime this year or next. Either defendant Torsilieri’s challenge will again reach the Supreme Court of PA, or the Commonwealth will be able to convince lower judges of their argument. (For a history of this momentous case and its significant delay, please…
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We have seen it again. The Pennsylvania Supreme Court (SCOPA) has relied on Commonwealth v. Lacombe in the ruling of T.S. v. PA State Police (PSP). T.S. argued that PA’s SORNA Subchapter I violated the Federal and State Ex Post Facto Clauses. The basis of his argument is on the fact that his offense occurred prior to the enactment of…
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The Pennsylvania Supreme Court (SCOPA) has relied on Commonwealth v. Lacombe in the ruling of T.S. v. PA State Police (PSP). T.S. argued that PA’s SORNA Subchapter I violated the Federal and State Ex Post Facto Clauses. The basis of his argument is on the fact that his offense occurred prior to the enactment of any PA registry. The problem…
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2020 has turned out to be quite an eventful year to say the least. Lucky for you, I won’t be covering the pandemic nor the election. Instead, I’ll briefly cover the legal cases regarding SORNA and other relevant legal issues in Pennsylvania. So, hold on tight, here we go! PA Supreme Court: In the Interest of: N.B.-A., a Minor Decided…
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The Supreme Court of Pennsylvania (SCOPA) heard oral arguments in a consolidated case of Mr. Claude Lacombe and Mr. Michael Witmayer in November of 2019 challenging the constitutionality of Subchapter I of PA’s Sex Offender Registration and Notification Act (SORNA). SCOPA ruled Subchapter I is “non-punitive and does not violate the constitutional prohibition against ex post facto laws”. This is…
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By Larry of NARSOL. . . In these consolidated appeals, Commonwealth v. Lacombe and Commonwealth v. Witmayer, the Commonwealth (state) challenged orders of the Montgomery County Court of Common Pleas relieving appellees Claude Lacombe and Michael Witmayer of their duties to comply with Subchapter I of the Sex Offender Registration and Notification Act. To achieve its dual goals of ensuring public safety…
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