Articles

On November 4, a judge in York County ruled that lifetime registration for juvenile sex offenders under SORNA is unconstitutional. In his 41-page opinion, Senior Judge John C. Uhler drew on the principles that the Supreme Court set out last year in Miller v. Alabama, which held that mandatory life without parole sentences for juveniles […]

The Supreme Court of Pennsylvania decided Commonwealth v. Holmes on October 30, where it held that the trial court, under the discretion of the judge, can hear post-sentence ineffective assistance of counsel claims under two circumstances: 1) when there are “extraordinary circumstances” that warrant the trial court hearing the issue, and 2) when the defendant […]

Magisterial District Judge Harry Nesbitt set a very unusual bail restriction for the man accused of shooting two managers at the Horsham strip club Double Visions: He “cannot be in Horsham under any circumstances”. The allegation in the case is that on October 19, 55-year-old Joseph Thiers was buzzed in a door at Double Visions […]

In Commonwealth v. Fisher, decided on October 30, the Supreme Court of Pennsylvania issued its decision on a puzzling logical quandary: Can an individual be found guilty of conspiracy to commit third degree murder? On its face, and according to appellee/defendant Nashir Fisher, such a charge is a “legal nullity”, as one cannot possibly intend […]

On October 30, the Supreme Court of Pennsylvania decided Commonwealth v. Baker, holding that the mandatory minimum sentence of 25 years for a second conviction of possession of child pornography does not violate the Eighth Amendment’s prohibition of cruel and unusual punishment. The court was persuaded by the Commonwealth’s argument that possession of child pornography […]