For the Defense - Volume 2, Issue 3 - 2017 - 53

role sentence is permissible for a crime committed
when the defendant was a juvenile).
...we further conclude that to
effectuate the mandate of Miller and
Montgomery, procedural safeguards
are required to ensure that life-without-parole sentences are meted out
only to "the rarest of juvenile offenders" whose crimes reflect "permanent
incorrigibility," "irreparable corruption" and "irretrievable depravity," as
required by Miller and Montgomery.
Thus, as fully developed in this
Opinion, we recognize a presumption
against the imposition of a sentence
of life without parole for a juvenile
offender. To rebut the presumption,
the Commonwealth bears the burden
of proving, beyond a reasonable
doubt, that the juvenile offender is
incapable of rehabilitation.
This is a very significant decision. The Commonwealth bears a very heavy burden to establish
that the imposition of life, without the possibility
of parole, is an appropriate for a murder committed by an individual while a juvenile. The majority
opinion does an excellent job of setting forth the
evolution of this issue.
Amicus Author: Peter Goldberger, of the Law
Office of Peter Goldberger

tion of SORNA violated the ex post facto clauses
of both Constitutions.
Held: The decision of the Court was splintered.
Justice Dougherty's majority decision was joined
by Justices Baer and Donohue, and concluded that
the retroactive application of SORNA violated the
ex post facto clause of the United States Constitution. Justice Wecht wrote a concurring opinion,
which was joined by Justice Todd. Justice Wecht
noted that he would resolve the case on state constitutional grounds, and decline to address whether SORNA also violates the federal constitution.
As to the claim under the Constitution of the
Commonwealth, the majority concluded that the
retroactive application of SORNA also violates the
ex post facto clause of the state Constitution. The
majority also stated that the ex post facto clause
of the Constitution of the Commonwealth affords greater protections than its federal counter
part. Justice Wecht's concurring opinion agreed
that SORNA violates the ex post facto clause of
the Constitution of the Commonwealth. The concurring opinion disagreed, however, that the ex
post facto clause of the state Constitution affords

Fox Proudly Supports the
Commw. v. Muniz:
Decided: July 19, 2017.
Nature of case: In 2007, Muniz was convicted
of two counts of indecent assault based on allegations that he touched the breasts of a twelveyear-old girl. At the time of the verdict, Muniz was
subject to a 10-year registration requirement. Muniz was not sentenced until 2014, at which time
Muniz was ordered to comply with the lifetime
registration requirements under SORNA. Muniz
argued that he should be subject to the 10-year
registration requirements.
Issue: Whether SORNA, as retroactively applied, violates the ex post facto clause of the United States and Pennsylvania Constitutions.
Amicus Argument: PACDL submitted a joint
Amicus with the Defender Association of Philadelphia. Amici argued that the retroactive applica-

Pennsylvania
Association of
Criminal Defense
Lawyers

800 attorneys | 22 offices nationwide
Patrick J. Egan, Esq.

215.299.2825 | pegan@foxrothschild.com

Vol. 2, Issue 3 | For The Defense

53


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Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 3 - 2017

Table of Contents
For the Defense - Volume 2, Issue 3 - 2017 - 1
For the Defense - Volume 2, Issue 3 - 2017 - 2
For the Defense - Volume 2, Issue 3 - 2017 - Table of Contents
For the Defense - Volume 2, Issue 3 - 2017 - 4
For the Defense - Volume 2, Issue 3 - 2017 - 5
For the Defense - Volume 2, Issue 3 - 2017 - 6
For the Defense - Volume 2, Issue 3 - 2017 - 7
For the Defense - Volume 2, Issue 3 - 2017 - 8
For the Defense - Volume 2, Issue 3 - 2017 - 9
For the Defense - Volume 2, Issue 3 - 2017 - 10
For the Defense - Volume 2, Issue 3 - 2017 - 11
For the Defense - Volume 2, Issue 3 - 2017 - 12
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For the Defense - Volume 2, Issue 3 - 2017 - 18
For the Defense - Volume 2, Issue 3 - 2017 - 19
For the Defense - Volume 2, Issue 3 - 2017 - 20
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For the Defense - Volume 2, Issue 3 - 2017 - 53
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For the Defense - Volume 2, Issue 3 - 2017 - 58
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