HomeMy WebLinkAboutCP-21-CR-0716-1994
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
CHRISTOPHER L. HAIGH : CP-21-CR-0716-1994
IN RE: OPINION PURSUANT TO PENNSYLVANIA
RULE OF APPELLATE PROCEDURE 1925
Bayley, J., October 6, 2008:--
May 23, 1995
On , Christopher L. Haigh was convicted by a jury on counts of
12 June 27, 1995
involuntary deviate sexual intercourse, and indecent assault. On , he
was sentenced for indecent assault to pay the costs of prosecution. For involuntary
deviate sexual intercourse, he was sentenced to undergo imprisonment in a state
correctional institution for a term of not less than six and a half years or more than
twenty years. The judgment of sentence was affirmed by the Superior Court of
March 15, 1996 3
Pennsylvania on . A petition for allowance of appeal to the Supreme
September 5,1996 4
Court of Pennsylvania was denied on . Three subsequent
petitions for post-conviction relief were dismissed.
August 26, 2008
On , Haigh filed a “Petition For Immediate Hearing To
__________
1
18 Pa.C.S. § 3123.
2
18 Pa.C.S. § 3126.
3
451 Pa. Super. 595 (1996).
4
545 Pa. 668 (1996).
CP-21-CR-0716-1994
Determine Applicability And Lack Thereof Of Megan’s Law Registration Requirements.”
Petitioner used this criminal term Docket No. CP-21-CR-0000716-1994, but with a
caption stylized as follows:
Christopher L. Haigh,
Plaintiff
V
Pennsylvania State Police
Allegheny County, Et Al.,
Defendants
Petitioner alleges that he was “forced to register with the Pennsylvania State
Police and he has been placed on the Megan’s Law Web Site. He has been
threatened with prosecution and prison time if he fails to register.” He further alleges
that Allegheny County, where he lives, passed an ordinance on October 23, 2007,
effective March 1, 2008, requiring everyone registered on the Megan’s Law Web Site to
move from their home for the duration of their registration if they live within 2,500 feet of
a child care facility, community center, public park or recreational facility, or school.
The relief sought by petitioner is an order “that he be removed from the Megan’s Law
Web Site and that he not be required to register because of the inapplicability of the
law to the present case.”
On August 28, 2008, an order was entered that:
[t]he within “Petition for immediate hearing to determine applicability and
IS DISMISSED
lack thereof of Megan’s law registration requirements,
WITHOUT A HEARING.
¹
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CP-21-CR-0716-1994
¹When petitioner was sentenced on the above criminal docket on June
27, 1995, no requirement under Megan’s Law was imposed. As we did on
February 7, 2008, on a virtually similar petition on this criminal docket, we
are dismissing this petition. This criminal case provides no basis for
litigating on a petition the dispute petitioner alleges he has with the
Pennsylvania State Police and Allegheny County.
Petitioner filed a direct appeal from the entry of this order to the Superior Court
of Pennsylvania. Pennsylvania’s Registration of Sexual Offenders statute (Megan’s
Law I) was enacted on October 24, 1995, effective immediately. It was reenacted
(Megan’s Law II), on May 10, 2000, effective in 60 days. Megan’s Law was not enacted
when petitioner was sentenced on June 27, 1995, thus no Megan’s Law requirement
was placed on him by this court. However, as we stated in the order of August 28,
2008, this criminal case “provides no basis for litigating on a petition the dispute
petitioner alleges he has with the Pennsylvania State Police and Allegheny County.”
(Date) Edgar B. Bayley, J.
David Freed, Esquire
District Attorney
Christopher L. Haigh, Pro se
1731 Evans Avenue
McKeesport, PA 15132
:sal
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