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Commonweatlh v. Neiman

Case Conclusion Date: 12.17.2013

Practice Area: Criminal defense

Outcome: Megan's Law III held Unconstitutional

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 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 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. On December 17, 2013, the Pennsylvania Supreme Court reversed this decision in part and held that the entire statute (Act 152 of 2004) violated the single subject rule of Article I, Section 3 as argued by Attorney Engle, therefore, was unconstitutional.

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