For the Defense - Vol. 6, Issue 1 - 23

full notes section for this article.

* At the Rule 600 hearing, after the defense has
made a prima facie showing that the defendant
has not
brought
to trial
within 365
days,
on abeen
person
to prove
a negative,
science
may provide
the Commonwealth
bears the burden of proving
the necessary evidence.
that they have nonetheless acted with diligence.
Muhammed
presents
an important
opportunity
that
This means
that after
the defense
has made
such
Katherine Ernst is an
defense
lawyers
should
aggressively
exploit:
it
could
Aaron J. Marcus is the Chief
a prima facie showing, it is the Commonwealth
appellate
attorney
the
end registering people for non-sexual crimes and give
of Appeals
withwith
the Defender
who those
shouldwho
be required
to put on its evidence
Montgomery
County
Public
have proven they can lead law abiding
Association of Philadelphia.
and the
should
only
argue from
after the
the harshness of
livesdefense
the chance
to be
relieved
Mr. Marcus
is also
Defender's
Office.
Shean adjunct
Commonwealth
registration. has done so. Essentially, a Rule 600
professor
of
law
Delaware
handles appeals fromatall
Law School where he teaches
hearing should proceed in form almost identically
units,criminal
juvenileprocedure
to homicide,
and
to a suppression
hearing. If the judge asks you
NOTES:
and she
also formulates
evidence.
He
is
also
the Vice
to argue prior to the Commonwealth's evidence,
1
Chair
of Pennsylvania's
Criminal
legal
strategy
for
pre-trial
42
Pa.C.S.
§
9799.10,
et
seq.
make2 it clear that you could not possibly argue
Procedural
Rules
Committee.
He
received
his
B.A.
See 42 Pa.C.S. § 9799.14 (18 Pa.C.S. § 2902(b) (relating to
and trial units. Katherine graduated Magna Cumfrom
on behalf
ofrestraint);
your client
until§ you
know
what
the
unlawful
18 Pa.C.S.
2903(b)
(relating
to false
Hampshire College in Amherst, Massachusetts, and
from Loyola Law School, New Orleans
imprisonment); (3)
18 Pa.C.S. of
§ 2904
(relatingis.
to interference with Laude
Commonwealth's
evidence
diligence
his J.D. cum laude, from the University of Minnesota
custody of children), except in cases where the defendant is the
in 2007
andwhere
was on
She practiced
in 2004,
helaw
was review.
Editor-in-Chief
of the Law and
parent, guardianappears
or other lawful
* If thechild's
Commonwealth
at thecustodian);
Rule 60018 Pa.C.S. §
Inequality:
A
Journal
of
Theory
and
Practice.
at
Kaufman,
Coren
&
Ress
in
Philadelphia
outPrior to
2901(a.1)
to kidnapping);
and
the inchoates
hearing
and (relating
does not
present any
evidence
thatof any of
joining
the Defender
Association,
Mr. Marcus
of law
school,
and thereafter
did work
in the served two
these crimes, such as conspiracy).
3
it acted
diligence-for
instance, they did not
years as a staff attorney for the United States Court of
241with
A.3d 1149
(Pa. Super. 2020).
intersection of horseracing law and §1983 for a
4
Appeals for the Third Circuit. He is currently specializing
an exhaustive
summary
SORNA's
legislative history,
bring For
in the
officer to
testifyofto
the attempts
made see
years before
following
her passion criminal
Commonwealth v. Mickley, 240 A.3d 957, 958 n.3 (Pa. Super., Sep. number
in sexof
offender
registration
and constitutional
to find
and apprehend the defendant-argue that
24, 2020).
for
indigent
criminal
defense.
procedure and writes and lectures on these issues.
they 5have
met
burden
because
the
See In not
Re J.B.,
107their
A.3d 1
(Pa. 2014)
(discussing
theburden
law and its
history).
of proof
includes the burden of production and
6
In Re J.B., 107 A.3d 1 (Pa. 2014).
Share this article
arguments
of counsel are not evidence.
7

About
Aboutthe
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Muhammed, 241 A.3d at 1155 (citing J.B., 107 A.3d at 14).
See Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) (Opinion
Announcing the Judgment of the Court).
9
See Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2018)
overruled by 226 A.3d 972 (Pa. 2020).
10
In February and June of 2018, in Acts 10 and 29 of 2018, the
General Assembly split Subchapter H of SORNA into a Revised
Subchapter H and Subchapter I. Subchapter I addresses sexual
offenders who committed an offense on or after April 22, 1996,
but before December 20, 2012. See 42 Pa.C.S.A. §§ 9799.519799.75. Revised Subchapter H, which applies to offenders such
as Appellant who committed an offense on or after December
20, 2012, contains stricter requirements than Subchapter I. See 42
Pa.C.S.A. §§ 9799.10-9799.42. All references to " SORNA " in this
opinion are to Revised Subchapter H.
11
Commonwealth v. Butler, 226 A.3d 972 (Pa. 2020).
12
Commonwealth v. Lacombe, 234 A.3d 602 (Pa. 2020).
13
Commonwealth v. Torsilieri, 232 A.3d 567 (Pa. 2020).
14
Under Commonwealth v. Lacombe, 234 A.3d at 618, a habeas
proceeding is a proper vehicle to raise a challenge to improper
registration. Additionally, a habeas challenge is appropriate
when the defendant remains serving the criminal sentence
(probation or parole). A coram nobis challenge is available
when the criminal's sentence is otherwise complete, but the
consequences of the conviction remain disabling.
15
R.K. Hanson, A.J.R. Harris, E. Letourneau, L.M. Helmus, &
D. Thornton, Reductions in risk based on time offense-free in
the community: Once a sexual offender, not always a sexual
offender. 24 Psychology, Public Policy, And Law, 48-63, https://doi.
org/10.1037/law0000135; see also R. Karl Hanson, Long-Term
Recidivism Studies Show That Desistance Is the Norm, 45 Crim. J.
And Behavior, 1340-1346 (Sept. 2018); R. Karl Hanson, et al., High
Risk Offenders May Not Be High Risk Forever, 29 J. of Interpersonal
Violence 2792, 2796 (2014).
8

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