Piasecki v. Court of Common Pleas, Bucks County, PA

Pennsylvania man convicted on child pornography charges is sentenced to three years’ probation, 10 years on the sex offender registry. After conviction, Pennsylvania amends the law to require lifetime registration, along with a slew of other monitoring requirements, leading man to file a habeas petition challenging his conviction. District Court: You can seek habeas if you’re in custody, and you’re not in custody. Third Circuit: You don’t have to be in physical custody to file habeas; it’s enough to be subject to significant restraints on your liberty that don’t apply to the general public, and these definitely qualify.

Tags: 2019, Habeas Corpus, Jurisdiction, Third Circuit

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