Case Conclusion Date: September 8, 2010
Practice Area: Criminal Defense
Outcome: Judgment affirmed
Description: 5 A.3d 353 Superior Court of Pennsylvania. COMMONWEALTH of Pennsylvania v. James Howard NEIMAN, Jr., Appellant. Argued March 11, 2010.Filed Sept. 8, 2010. Jeffrey B. Engle, Attorney for Appellant Synopsis Statute deemed partially unconstitutional Background: Defendant was convicted in the Court of Common Pleas, Schuylkill County, Criminal Division, Nos. CP-54-CR-0001870-2005, CP-54-CR-0001871-2005, Baldwin, J., of numerous sexual offenses against two child victims, was sentenced to aggregate term of 13 Â½ to 27 years' imprisonment, was found to be a sexually violent predator, and was ordered to comply with lifetime registration obligations under "Megan's Law." Defendant appealed. Holdings: The Superior Court, No. 1747 MDA 2007, Ford Elliott, P.J., held that: 1 Senate bill that amended Deficiency Judgment Act and also contained Megan's Law violated single-subject rule; but 2 Megan's Law would be preserved by striking extraneous provisions of Senate bill not germane to the regulation of sexual predators. Affirmed. Donohue, J., filed a concurring and dissenting opinion in which Lazarus, J., joined.