PA: U.S. Supreme Court denies appeal of sex offender decision

The U.S. Supreme Court will not hear a challenge to a recent state court ruling that determined part of Pennsylvania’s sex offender registration law was unconstitutional. Full Article

Related

https://floridaactioncommittee.org/scotus-refuses-to-hear-pa-case-that-found-sex-offender-registry-punishment/

http://www.pacourts.us/assets/opinions/Supreme/out/J-121B-2016oajc%20-%2010317692521317667.pdf

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

314 Comments
Inline Feedbacks
View all comments

I’ve been registered now for almost 18yrs. I have reached my minimum 10yrs on the registry in the state where I reside so I’ve started the process to petition to be removed from the SOR in my state.

If all goes well I may be off as early as late March or early April of 2018. I know I’ll be more than thrilled to be off the official sites and out from under all the restrictions imposed on me.

But what about all the extortion sites on the internet?

This looks like a golden opportunity for those in PA to collaborate on some civil litigation to stop these extortion sites from listing their names long after they’re off the SOR. It’s one thing to have a one person here and one person there coming off the SOR at the rate of 3-4 a year. But in PA there are going to be thousands in a very short period of time.

Has anyone given thought to bringing down these extortion sites? Seems to me like a perfect time.

Quick question I am pretty sure I know the answer to, but just double checking. Are the removals being done at the individual barracks or centrally in Harrisburg? I am guessing its the latter with something as important as this.

I am thinking of 3rd party websites as well. Sue them if your name is on them after the registery psp site is back up lol. Thats what i will be doing without any attorney cause it would be a clear cut cases.

Hey @Jim, just some advice, if you dont plan on committing another crime ever, then why does it matter if they have your DNA on file?

Any reports from this morning’s senate judiciary hearing?

They voted for the bill to be passed but, have not yet signed it and now into a break recesse.

Here is the live feed. You cant hit rewind. But, after their lunch break they will come back on.

http://streams.pasenategop.com/Videofeeds.html?feed=NOB|title=Senate%20Judiciary%20Committee|desc=Public%20Hearing%20to%20consider%20nominations%20and%20House%20Bill%201952

About the removal. The psp just read what the bill say. Nothing much further. They are going to move forward with the bill. They are on their lunch break right now. So as for the major concerns includes child custody to be removed from the registery. They want all violent offenders to remain on the registery and kick off pre sorna that has completed their 10 year original sentencing. Also they talked about lowering the cost of the registry. They say the bill is NOT punitive and or punishment. Its only to keep awareness for the community and give a peice of mind to the victoms. They are not hating the registery people just dont want after 2012 people to be off the registery. They say we also do care for the offenders too. They just dont want any further feature crimes. They cannot disprove or approve that it will protect the community. They just want the community to be aware of these really bad violent offenders. Nothing more as i understood the live feed. They threw out concerns and good points too. But they voted in on the bill. Next is to sign the bill. Then they will give order to execute it right away. So dont be suprised to still see your name on the registery. It will take a bit to get everyone off pre 2012 sorna off. The numbers will go down .

As promised, this is the letter that was sent to PSP leader as well as the General Council for the PSP,John Joseph Herman. There were a couple of enclosures that are self explanatory. A follow up email was sent to John Joseph Herman to move the process along after no action was taken after 6 days. Two days later I was removed.

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Sergeant Orvin Rowles
Commander, Pennsylvania State Police
Bureau of Records and Identification
Megan’s Law Section
1800 Elmerton Avenue
Harrisburg Pa. 17110

RE: Cease and Desist Request
Registrant – First Middle Last
B/O/B: MM/DD/YYYY

Dear Sergeant Rowles:

Now that the United States Supreme Court has denied the Petition for Writ of Certiorari in Commonwealth v. Muniz as of January 22, 2018, this letter shall serve as a written request to cease and desist maintaining my client, Fist Middle Last, on the Pennsylvania Sexual Offender Registration.

I wrote to your predecessor, Lieutenant Todd Harmon, by way of a letter dated August 1, 2017 making a similar request. For the sake of completeness and at the risk of being redundant, I will again explain the reasons why I am making this request.

On May 30, 2006, Mr. LAST pled guilty and was sentenced on September 20, 2006 on ten counts of possession of child pornography in violation of 18 P.S. § 6312(d). All of the offenses of conviction arose from the same incident of criminal episode on October 1, 2004. Mr. LAST was determined not to be a violent sexual predator and has no prior Megan’s Law convictions, as evidenced by the enclosed notes of testimony from his sentencing hearing.

Mr. LAST first registered as a sex offender with the Pennsylvania State Police on October 19, 2006. At the time of Mr. LAST’s offence (October 1, 2004), Megan’s Law II, 42 P.S. § 9791, et seq. was in effect. Under Megan’s Law II, violations of all subsections of 18 P.S. § 6312, including subsection (d), triggered only a ten-year registration requirement. See, 43 P.S. § 9795.1(a)(1).

Based on the Pennsylvania Supreme Courts ruling in A.S. v. Pennsylvania State Police, 143 A.3d 896 (Pa. 2016), which held that offenses arising from the same criminal episode do not constitute two or more convictions for purposes of Megan’s Law classification and more recently in Commonwealth v. Muniz, 47 MAP 2016, which held that Pennsylvania’s current Sex Offender Registration Notification Act (SORNA) does not retroactively apple to Mr. LAST per the prohibition in the ex post facto clause of both the United States and Pennsylvania Constitutions, Mr. LAST was only subject to the original ten year registration requirement under Megan’s Law II. That registration period expired on October 19, 2016.

Since the United States Supreme Court is the forum of last resort and has spoken with finality on this issue, we ask that you immediately comply with our request to cease and desist maintaining my client on the registry.

CC John Joseph Herman

Paul 2, i understand what your saying. The thing about the live feed today. But, im only repeating in brief what they said. They discussed the bill and agreed to it. Other concerns were talks about but unrelated to us as far as who in names were called to be taking off. They only stated what the bill was in general all together. Nothing new that we have never heard of before. Its the repeat of what the bill said. Nothing in specific individuals. So if your looking for that yourself then you are going to have to wait. I dont care if you say but the bill is active now and its the law now. Your still going to have to wait till psp to removing of people. I dont care if you say ok o sue then. Your just going to have to wait in line like everone else. You can throw everything at me of why you cant wait any longer due to now keeping you on the registery for a short amount of time from this day till they get you off. If you want the answers to your own self of when things will happen for you then you need to call or make a special trip to Harrisburg. They can only tell you to chill and wait cause they are busy with all of this mess. No psp well tell you a specific on when or who gets off tomorrow or the next day. I do laugh at those who say oh they told me the PSP say they got my name due to being off the registery soon. Psp wont say much until you get a letter in the mail. Having a temper tantrum about this does not help anything or push things faster. Just chill man. Your time will come just like me. I have no choice to just chill at this point. Why chill? Cause there is nothing anyone can say or do to push things faster. You can only kick a donky to go at a certain pace and speed.

The Senate Passed tbe House Bill 1952. Wolf still needs to sign it. And then it needs a start date and everyone needs to receive there letter it will take months.

Ok i had re read your comment paul 2. I took it wrong in reading it. It was just a miscommunication in my own reading of your post. My bad bud. I was wrong. Please scratch out my comment. Thank you for letting me know and i apologize.

Here is a statement made by PA Senate judiciary chair who created original ML I think this could be used in future challenges to the SO Laws. What do you think?
“I was a sponsor of the Pennsylvania Megan’s Law … and I’d like to note that the original intent in all of this was to apply it to the sexually violent offenders,” said Greenleaf, chairman of the Judiciary Committee. Under Pennsylvania SORNA, just one in 10 registrants was deemed a sexually violent predator.

What’s the latest on how the new sex offender laws will be different in PA and who is being kept on “the list”?

If their version of SORNA is considered punitive, then while “ex post facto” only applies to pre 2012 registrants, it still open up a ton of legal challenges for those post 2012 on the registry.

It’s a violation of Substantive Due Process and Procedural Due Process when the “punitive” penalties aren’t a part of the trial and decided by the judge on a case by case basis. It’s a violation of Separation of Powers for legislature to determine punishment, period. It opens the doors for cruel and unusual punishment challenges. It qualifies as “arbitrary government action” and an “equal protection” violation as it applies only to sex offenders and with a duration on the registry that has no basis for it’s length of time and is not tailored to the individual or the circumstances.

Then of course the entire thing is a “bill of attainder” with or without it being “punitive”, but I won’t go there now.

If someone can summarize the changes they are about to pass to not qualify as “punitive” for those pre or post 2012 I would appreciate it. Thanks

So everyone who won in court to enforce plea agreements back in 2012 when SORNA first arrived now have to comply with House Bill 1952. And if they didnt have to register under SORNA, now they have to register under House Bill 1952?

Example Commonwealth V Nase. Won a enforce a plea agreement case back between 2012 and 2014 or 2015.

Now he has to comply with House Bill 1952.

So if my husband, and anyone else took a Plea Agreement to the old Megans Law 3. Doesnt matter if it was lifetime or 10 year registration, the new House Bill 1952 forces us to violate our plea agreement PRE House Bill 1952.

Just like SORNA has done and ruled on, whether is civil in nature or not, a plea agreement signed in 2006 can be breached by this House Bill 1952, like SORNA did to everyone in 2012 who took plea agreement.

How can this be, House Bill 1952 was not a law when my husband or others took a plea of guilt and signed a contract to Megans Law 3.

By the law different crime code, House Bill 1952 is different from the Megans Law 3 Crime Code?

Anybody willing to givd advice.

Will House Bill 1952 be argued.

My husband is being removed from SORNA, he won his enforcement of Plea Agreement. And won is habeas corpus petition in Lower Court.

He will be removed from SORNA.

However, he isnt against the new House Bill 1952 because it matches his old requirements.

But he is concerned if it legally applied to others who took plea agreements, and Megans Law 3 is the law to comply with.

He comes off SORNA.

Since many of the people on this site could see relief I dont think that it is out of place to keep updating you on my latest plight to remove myself from all extortion websites. I am keeping track of them and how I went about to be removed.

Homefacts – sent email through there domain company and reported error on site. (I was removed in 24 hours

sexoffenderatchive – would only accept an request from an attorney, used my lawyers info (with his permission) have not heard back

Laws9 – this a person in china that has no correct contact info, used an IP tracer to lock down their hosting company, in San Francisco and sent an email. Same email template I sent to Homefacts

City-Data – Sent template email, no response yet

sexoffenderspy – this guy is a true POS. He is in South Africa and after he was provided all info he responded that I am child molester and that he is protecting children. Pinged his IP and hosting company is in New York. Email was sent with websites owners emails attached, my lawyer was CC’ed and the demand wa made to take website down as owner is violated hosting companies TOS.

A number of other sites are pinging the PA ML website for realtime data (which is ridiculous that they don’t have CAPTCHA to prevent this!!

And lastly…. I am working on burying any other scumbags by using Social Media and an RX from the link i posted. Make sure to read comments, lots of good stuff. I signed up for Facebook at 6 am this morning with my real first middle last name and birthday as well as real address. At 8:07 I have kicked off and required to submit a photo of myself to confirm my identity. Currently my account status is

“We’ll get in touch with you after we’ve reviewed your photo. You’ll now be logged out of Facebook as a security precaution.”

Hope everyone is flooding PSP with Cease and Desist requests? It’s the first step in any legal challenge to notify the violator that they are, in fact, in violation of a law. If you don’t tell them, they realistically have an argument for not taking you off the list. Lawyer told me that, was a surprise, but not a surprise when you think about the people we are dealing.

https://www.abine.com/blog/2017/push-negative-search-results-down/

Does anyone know of a case that the person was forced on to SORNA because they were in jail at the time it was enacted but they got removed because they were not in jail for a SO and the court said if the person was not in jail for their original offense they could not force a person onto SORNA. I can’t remember the case name. There is a wired thing they are talking about now They said in the recent hearing that people that were in jail when SORNA was enacted they were put on SORNA. They didn’t say anything about still having time on the old reg left to do. So lets say a person in 2012 had 3 yrs left on a 10yr reg and they were in jail for DUI and they put them on SORNA That was illegal right? I do not know why they are saying this now.

Did Megans Law 2, have internet public notification?

When some one registered under Megans Law 2 did there information show up online for the public to see.

Has anyone noticed the count hasn’t moved at all today…up or down?

NARSOL has the conference at 7, they recommended to listen to that before throwing money to the lawyers.

@Mike S
Was wandering if you were an out of state offender. Durring the NARSOL conference they stated psp put out of state offenders as priority for removal, I am an out of state offender so I have to make them aware that I am from out of state.

Im out of state too and past the 10 year mark

As for me i need not to get an attorney and i will waite till psp takes me off. I undersrand completely of my own decisions and my point of understanding whats going on. the Committee unanimously voted to pass the bill on to the Appropriations Committee a few days ago. The bill has not been completely in effect. The Gov. Needs to sign it first before psp gets the paperwork in in full completed. I do not need to keep bugging psp every day or every other day. All they can say is waite and you will recieve a letter in the mail. You really cant make a horse drink water faster unless your that too of a hurry to get off the registery by an attorney. By that time before you finish with the writ you will be off the registery completely. So pretty much just wasting next months rent on attorney. But of course paul say fight, call, get attorney, hurry hurry. Sorry i can waite. Its not going to kill me or anyone else. If you were off the registery tomorrow im sure noone just yet will up and leave to another residence in pa , change phone numbers, get a job, car etc…. oh and get a new wife too and dog. Its too much to do even for a month later. Ok so if your off the registery now what would you be doing realistically?