Commonwealth v. Gilbert, T.

• Court: Supreme Court of Pennsylvania
• Decided: April 22, 2016
• Docket: 181 MAL 2015 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 181 MAL 2015 : Respondent : Petition for Allowance of Appeal from : the Order of the Superior Court : v. : : : TAURUS KENYATA GILBERT, : : Petitioner :

ORDER

PER CURIAM

AND NOW, this 22nd day of April, 2016, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

1) Does the application of the Sex Offender Registration and Notification Act (“SORNA”), 42 Pa.C.S. § 9799.10 et seq., to [petitioner] violate [petitioner’s] procedural due process rights under the Federal and Pennsylvania Constitutions, when [petitioner] was no longer serving a criminal sentence at the time SORNA became effective?

2) Does SORNA violate the Ex Post Facto Clause of the Federal Constitution when SORNA’s purpose or effect is so punitive that it constitutes a retroactive increase in punishment when applied to [petitioner]?

3) Does SORNA violate the Ex Post Facto Clause of the Constitution of the Commonwealth of Pennsylvania when SORNA’s purpose or effect is so punitive that it constitutes a retroactive increase in punishment when applied to [petitioner]? The Prothonotary is directed to schedule briefing and argument in this matter

together with the following matters presenting related issues: Commonwealth v. Muniz,

684 MAL 2015 and Commonwealth v. Reed, 557 WAL 2014.

[181 MAL 2015] - 2