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PA: Judge upends sex offender registration

WEST CHESTER >> A Common Pleas Court judge has ruled that a West Goshen man convicted of forcing himself sexually on a sleeping woman will not have to register as a sex offender for the rest of his life.

In an order signed July 10, Judge Anthony Sarcione found that the law that defendant ____ ____ was required to report to state police as a sex offender was unconstitutional. He said the law, the Sexual Offenders Registration and Notification Act (SORNA), violated the fundamental right to reputation under the state Constitution, as well as federal guarantees of due process. Full Article

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The F…..
Its that simple??? What now?

❤ Oh, how I love the Quaker State!! ❤ These rulings certainly show a promising pattern!! Please let Pennsylvania be the first domino to fall!! And as for the prosecution: “First Assistant District Attorney Michael Noone said Monday that his office had filed a notice of appeal of Sarcione’s decision on the constitutionality of the SORNA provisions.”– Hello D.A.! Your own Pennsylvania Supreme Court already declared it State and Federally unConstitutional!!

WOW!!! This is HUGE!!

I do hope this is challenged and eventually leads all the way back to SCOTUS where they can correct their error from 15 years ago and just kill this whole damn thing! If there’s hope like this for a man who essentially raped his victim, there’s hope for many of us serving this life sentence for much lesser crimes.

God bless this judge, from the bottom of my heart!!!! Thank you sir. I’ve been registering for 20 years and its absolutely horrible. Thank you sir, Thank you.

And to think only a year ago Janice was so pessimistic. The fact is the registry is just fascist and therefore evil. Not only is it punishment, the punishment does not fit the severity of the crime as applied to most people.

Really, Jack? Considering the many legal battles that Janice has been fighting on our behalf, if anyone has a right to feel pessimism – not to mention exhaustion – it would be Janice.

Well……I’m not exactly happy to see that a rapist gets to leave this mess and many of us that just made a stupid ass decision 20 yrs ago are still held at gun point. But hey……this looks like real progress….maybe……I guess.
CA could use a Judge like this one.

He’s sitting in the clink, so he didn’t get away with anything.

Wow more good news. Just keep fighting people, this shits gotten real now!!!!
He was convicted in 2015 after sorna went into effect, wow so sorna after 2012 can be beaten…

Well, Pennsylvania gets it, that’s for sure! I wonder if the judiciary in Pennsylvania can take over the 7th Circuit Court of Appeals? It’s as if PA and the 7th Circuit exist in two separate dimensions or something.
Hey, 7th Circuit, WAKE UP AND SMELL THE COFFEE, you jackasses!!!!!

The 5th, 7th, and 8th Circuits are jokes. They certainly are not ones to think outside the box, rather they try to reinforce the box.

It depends on the issue, AJ, at least with respect to the 7th. I agree with you on the 5th and the 8th, but the 7th was extremely helpful in the fight for same-sex marriage rights. Judge Posner, in particular. But he and others on the 7th are clearly of another mindset when it comes to sex offenders.

G4Change Yea I think that PA does get it but I think the general asshole assembly definitely thinks they can make up their own rules by passing anything they want to, this is being proven that they can not because Act 10 is coming down rather quickly and they can’t make a new law to put on registrants because it’s expostfacto which is one of very numerous constitutional FLAWS in Act 10 and if they want to put Act 29 into effect that may not even get off the floor, but if it does that won’t last either, there is… Read more »

ReadyToFight I’m in the same boat I assume as you are, had a consensual relationship back in 1997 the state picked up the charges and still paying for it for it sense 03 seeing that Colorado had no Megan’s law till 2002 , so I wasn’t required to register till 03 in pa, progress is progress, recidivism is key here though, the people that need to be focused on are SO’s that have the inability to stop mentally, ones beyond help, counciling and medication, who knows, I’m not here to judge though, rape is beyond wrong but so is selling… Read more »

@ Brian #1, yeah dude. People in general are pretty terrible to anyone outside their tribe. And what you’re saying about those that lack the mental capacity to control whatever is going on upstairs is right on. Which is why I’ll never understand why they throw All of us in the same boat. Or why others that have done far worse get to walk free of this. I’d say it’s judicial laziness but I feel in my gut like it’s greed and maybe a little hate. Anyways, thanks for sharing. Sorry to hear about your wife. My motto is if… Read more »

ReadyToFight
I see what your saying if the cops don’t do anything buuuuttt, I don’t want to look like the evile sex offender who attracted/self defense my neighbor, I could see the headline now, violent sex offender attack’s innocent neighbor, that’s just how thus shit rolls out I guarantee it, they toss us all on for federal money or money in general, they also do it for political ladder climbing and that good old feel good effect, and last but not least, PURE HATRED towards registrants, plane and simple in my opinion.

Brian #1 said:

“I’m not here to judge though, ”

Except you just did, over and over. In fact, you and ReadyToFight are in the midst of a judging orgy. Get a room. Why not just celebrate the potential victory?

Very impressive, would like to get Janice’s thoughts and comments about this positive development.

Does anyone know where to find the written opinion?

Good question, CR. I’d like to read it as well but was unable to find it online.

AJ,Chris and all others take note “violated the fundamental right to reputation under the state Constitution,” love it…… All over the country it has begun…..If anyone has the actual decision, AJ because you always come up with the links, lol I would love to read this….

Hey, don’t leave out the rest of the sentence: “as well as federal guarantees of due process”. That one is huge! To me, that means they can’t arbitrarily throw someone onto a registry and a tier based on just the legal code they were convicted of.

@mike r:
I did a little digging around, but didn’t find the Opinion. Sorry. I did find the appeal Docket to the PASC (https://ufile.io/z4n3y). From what I can figure out, Common Pleas Opinions aren’t posted online, only Appellate Opinions. Perhaps someone from PA on here who is more adept at the State’s records and sites can find the actual Opinion (although the Docket shows “Sealed Documents”, so maybe not).

Most likely sealed so the victims name doesn’t get out.

For common pleas one would need to file a FOIA, and you could get this but much would be blacked out/redacted.

Why is he still listed on the registry?

He is still on the registry because, either they appealed. And the police dont care and will leave him on until pushes them too.

Act 10 SORNA DONE
The DA did appeal the ruling

Would this mean that it will go to SCOTUS now for a ruling?

No it has to go through Pa courts first, such as superior court, Pennsylvania Supreme Court and if the PASC rules in his favor the DA will most likely appeal to higher court such as SCOTUS, but sense SORNA is still a valid law unfortunately for post sorna people who knows what will happen, they may decline writ of certiorari or they may take the case. But we’re not anywhere close to getting to even PASC yet.

@Richard:
Would this mean that it will go to SCOTUS now for a ruling?
—–
No. It’s being appealed to the PA Supreme Court. Whoever loses there can then petition SCOTUS.

On a parallel thought, in 1958 the CA courts in Kelly v Municipal stated that “compulsory police reporting” was criminal/quasi-criminal in nature and registration should not continue once a person has successfully completed probation. In 2003 Doe v Smith decision, Chief Justice also stated that in-person reporting wasn’t required and thus not considered punishment/disability as reporting was via the mail. Now, being on the registry also includes being on the a background check. If you’re denied a job because of the registry, then the registry is now criminal in nature. If you have a 1203.4 (expungement for successfully completing probation)… Read more »

So, if Trump continues to appoint Judges that are “Strick Constitutionalists” that should be a good thing, right? Or does the constitution still fall to 3rd place behind “Public Safety” and “Protect the Children”?

and then there was one. Years ago, no one would have dreamed of getting a ruling like this. Muniz was the ruling that broke the dam. It gave lower courts permission to not follow the status quo.

@ Chuck: Agreed. Muñoz broke new ground. And who knows if it was for better … or for worse … that SCOTUS chose not to hear it.

A couple days ago someone on the radio was talking about SCOTUS cases and made the statement that SCOTUS tends not to accept cases that will only affect one State (i.e. Muniz) or cases that were unanimous at the lower level (i.e. Snyder). I don’t know how true it is (especially with examples such as Loving v. VA and Lawrence v. TX where they leveraged the single-state issue into national effect), but it did make me wonder. Personally, I’d like to think SCOTUS felt PASC and the 6th got things right (unlike their own work).

I think the Muniz case was for the better in my opinion, that just made a big statement saying that the constitution was put in place for a reason, not only for certain people or when they feel like enforcing the constitution, it’s like only certain people in society have constitutional rights and the other doesn’t. I’m sure if they charged a drug dealer with a crime and after he was sentenced they slapped 5 more charges on just because, they would have no problem and probably even rule it unconstitutional literally over nite, in our case they take decades… Read more »

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