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…
Read More
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…
Read More
The PA Supreme Court (SCOPA) filed their opinions on Com. v. George Torsilieri on June 16 regarding the constitutionality of PA’s 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 Torsilieri and his attorneys argued that SORNA is based on outdated legislative findings and presented current scientific evidence refuting the accuracy of those findings.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…
Read More
By Jerry B . . . In 2006, Defendant 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 registrant’s 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. Butler 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…
Read More
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.…
Read Morehttps://narsol.org/av/2017/NIA-17-8-2.mp3 Last month’s NARSOL in Action focused on a great victory in the Pennsylvania Supreme Court. The Court declared that SORNA’s registration provisions constitute punishment under Article 1, Section 17 of the Pennsylvania Constitution — Pennsylvania’s Ex Post Facto Clause. The Court held: SORNA’s registration provisions constitute punishment notwithstanding the General Assembly’s identification of the provisions as non-punitive retroactive application…
Read More