Case Conclusion Date: 12.17.2013
Practice Area: Criminal defense
Outcome: Megan's Law III held Unconstitutional
Description: 84 A.3d 603, 2013 Pa. LEXIS 3018, 2013 WL 6598735 (Pa. 2013) Supreme Court of Pennsylvania COMMONWEALTH of Pennsylvania v. James Howard NEIMAN, Jr., Appellant. Argued September 11, 2012. Decided December 17, 2013. Jeffrey B. Engle, Attorney for Appellant Synopsis Megan's Law III Statute deemed 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 ½ 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 Supreme Court held in Commonwealth v. Neiman that the Megan's Law III, as well as other legislative pronouncements, contained within Act 152 were passed in violation of Article III, Section 3, known as the "single subject rule."