Commonwealth v. Grove

Johnathan Grove was 15 years old when he engaged in inappropriate sexual contact. Because of a delayed report Mr. Grove was charged as an adult 12 years after his offense, and ordered to register as a sexual offender under the Pennsylvania Sex Offender Registration and Notification Act (SORNA). The trial court held that his registration as a sex offender was unconstitutional, under In re J.B. since he was a juvenile at the time he committed the offense. Subsequently, the State appealed to the Pennsylvania Supreme Court.

Juvenile Law Center along with co-counsel Michael Stine filed a brief on behalf of Appellee, Grove arguing that the Pennsylvania Supreme Court lacks jurisdiction to hear the case because the appeal is now moot in light of Commonwealth v. Muniz, No. 47 MAP 2016, -- A.3d. --, 2017 WL 3173066 (Pa. July 19, 2017), where the Pennsylvania Supreme Court held retroactive registration under SORNA unconstitutional under the Ex Post Facto Clauses of the United States and Pennsylvania Constitutions.

Ultimately, the Commonwealth filed a praecipe to discontinue the appeal as moot, and the Pennsylvania Supreme Court marked the case as discontinued.