Commonwealth v. Miller
80 A.3d 806
| Pa. Super. Ct. | 2013Background
- Appellant Cody Miller pled guilty in 2011 to Indecent Assault by Forcible Compulsion, a misdemeanor of the first degree.
- He was sentenced in 2011 to nine to thirty-six months and ordered to register as a sex offender under Megan’s Law then in effect (Megan’s Law I/II).
- Megan’s Law IV, effective December 20, 2012, retroactively imposed new registration requirements on offenders like Miller.
- A December 14, 2012 hearing informed offenders of Megan’s Law IV obligations and provided written notification forms.
- Miller received a notification form but, via counsel, refused to sign; no motion challenging the order was filed at that time.
- Miller appealed January 10, 2013, raising constitutional challenges (ex post facto and separation of powers) for the first time on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the December 14, 2012 order final and appealable? | Miller contends the order was a final appealable decision under Rule 341. | Commonwealth argues preservation and procedural posture support review. | Waived; issues not properly raised below cannot be reviewed. |
| Does SORNA’s retroactive registration for pre-existing offenders violate ex post facto protections? | Miller contends Megan’s Law IV is punitive and retroactive application is unconstitutional. | State argues no constitutional violation given statutory interpretation and record. | Waived; claims raised for first time on appeal were not preserved for review. |
| Does Megan’s Law IV violate separation of powers by assigning court or judicial staff enforcement duties to implement registration? | Miller claims it improperly deputizes the judiciary and violates the separation of powers. | State argues no improper delegation and standards are set by the statute. | Waived; argument raised for first time on appeal and not sufficiently developed. |
Key Cases Cited
- Commonwealth v. Williams, 633 A.2d 808 (Pa. 1993) (Megan’s Law constitutionality and penalties addressed)
- Commonwealth v. Gomer Williams, 832 A.2d 962 (Pa. 2003) (upheld Megan’s Law II with severability of punitive noncompliance penalties)
- Commonwealth v. Leidig, 956 A.2d 399 (Pa. 2008) (discussed evolution of Megan’s Law; reference to status of amendments)
- Commonwealth v. Mockaitis, 834 A.2d 488 (Pa. 2003) (separation of powers concerns regarding legislative encroachment)
- Commonwealth v. Balog, 672 A.2d 319 (Pa. Super. 1996) (Rule 521 notice requirements for constitutional challenges)