Constitutional Cases
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Constitutional

Commonwealth Court of Pennsylvania
Uncategorized

Davies v. Pennsylvania Parole Board — Triennial Parole Review for Rape Convicts Does Not Violate Ex Post Facto Clause

The Commonwealth Court of Pennsylvania held that the 2020 amendment changing mandatory parole review for rape convicts from annual to triennial (61 Pa.C.S. § 6139(a)(3.3)) does not violate the ex post facto clause, because it alters only when the Board must conduct review—not the standards for granting parole or the Board’s authority to act on its own motion sooner.

Appellate Division, Third Department
Uncategorized

Matter of State of New York v. John T. — Third Department Holds Clear-and-Convincing Standard Constitutional for MHL Art. 10 Sexual Motivation Finding

Third Department affirms civil confinement under Mental Hygiene Law Article 10, joining the First and Fourth Departments in holding that due process does not require the ‘sexual motivation’ element of a pre-SOMTA offense to be proved beyond a reasonable doubt — clear and convincing evidence is constitutionally sufficient.

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