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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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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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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