Commonwealth v. Morgan
16 A.3d 1165
| Pa. Super. Ct. | 2011Background
- Appellant Todd Morgan pled guilty to unauthorized administration of an intoxicant, criminal attempt to commit indecent assault, and sexual abuse of children, triggering Megan's Law SVP assessment.
- An SVP hearing followed the guilty plea, with Dr. Veronique Valliere diagnosing Morgan with pedophilia and paraphilia NOS to non-consent after reviewing extensive records and without Morgan's interview.
- Dr. Valliere concluded Morgan's deviant sexual arousal patterns and predatory behavior made future predatory offenses likely, based on multiple corroborating factors and Morgan’s history.
- Morgan’s expert, Dr. Dattilio, disagreed with the paraphilia diagnosis but did not dispute the core predatory/likelihood-to-reoffend framework; discussion focused on weighing the § 9795.4 factors.
- The trial court held that the Commonwealth satisfied the definition of SVP under 42 Pa.C.S.A. § 9792, rejecting Morgan’s contention that reoffense likelihood requires a separate independent assessment.
- On appeal, Morgan challenged the sufficiency of the evidence, arguing the Commonwealth was not required to prove a likelihood of reoffense as a separate element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether likelihood to reoffend is a separate element | Morgan contends likelihood to reoffend is an independent element requiring clear and convincing proof. | Commonwealth argues SVP shows mental abnormality making predatory acts likely; no separate element requires standalone recidivism prediction. | No independent element; standard remains clear and convincing evidence of statutory criteria. |
Key Cases Cited
- Commonwealth v. Fuentes, 991 A.2d 935 (Pa. Super. 2010) (defines clear and convincing standard for SVP findings)
- Commonwealth v. Dixon, 907 A.2d 533 (Pa. Super. 2006) (rejects independent 'three-prong' element approach to SVP)
- Commonwealth v. Geiter, 929 A.2d 648 (Pa. Super. 2007) (confirms Dixon and rejects Merolla-based expansion of criteria)
- Commonwealth v. Meals, 912 A.2d 213 (Pa. 2006) (limits weighing of § 9795.4 factors and rejects reweighing approach)
- Commonwealth v. Krouse, 799 A.2d 835 (Pa. Super. 2002) (en banc decision on role of § 9795.4 factors; later disapproved in Meals)
- Commonwealth v. Plucinski, 868 A.2d 20 (Pa. Super. 2005) (schema of SVP factor consideration (re: weighing factors))
- Commonwealth v. Bey, 841 A.2d 562 (Pa. Super. 2004) (factor-based analysis in SVP review)