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 wonāt be covering the pandemic nor the election. Instead, Iāll 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 PAās Sex Offender Registration and Notification Act (SORNA). SCOPA ruled Subchapter I is ānon-punitive and does not violate the constitutional prohibition against ex post facto lawsā. This is…
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By Larry of NARSOL. . . In these consolidated appeals, Commonwealth v. LacombeĀ andĀ 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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The PA Supreme Court (SCOPA) filed their opinions on Com. v. George Torsilieri on June 16 regarding the constitutionality of PAās Sex Offender Registration and Notification Act (SORNA) Revised Subchapter H. Mr. Torsilieri and his attorneys argued that SORNA is based on outdated legislative findings and presented current scientific evidence refuting the accuracy of those findings. The majority opinion was…
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By Jerry B . . . In 2006, Defendant Ā Zeno committed two delinquent acts that occurred when he was age 14 and 16. Because of the nature of the two acts, his case was transferred from juvenile court to adult criminal court where he pled guilty to rape of a child, sexual assault, criminal attempt (rape), criminal attempt (incest), and…
Read More5-17-2020 [From NARSOL] The Commonwealth Court of Pennsylvania issued an important decision on May 11, 2020, in which it determined that annual registration as well as publication of a registrantās personal information on the internet constitutes punishment. Please see this excellent analysis from out partners at NARSOL.
Read MorePARSOL Sees Temporary Setback in SVP Cases. April 5, 2020. by Josiah. We have seen two temporary setbacks in the Supreme Court of Pennsylvania (SCOPA). The recent rulings of Com. v. Joseph D. ButlerĀ and In the Interest of: H.R., A Minor left us disappointed. However, we see an opportunity to directly win this battle thanks to, ironically enough, SCOPA…
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On Nov. 20, 2019 the Pa. Supreme Court heard four arguments regarding registration requirements: In Re: H.R., a minor, Com. v. Torsilieri, Com. v. Lacombe, and Com. v. Witmayer. The outcome of these cases will impact all registrants in Pa. if the Court rules that Pa. DHS Act 21 and Acts 10 and 29 of 2018 are punitive and unconstitutional.…
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