Reply To: PA’s high court rules retroactive SORNA violates constitution

#22462

terry brunson

Brian – You may not be understanding the Ex Post Facto issue clearly
The Muniz decision will force the PSP and AG to revert people back to the laws on Sex Offenses pre- SORNA date of 2012 when Pa. came into compliance.

Before Dec. 2012 there were only 10 year or life requirements to register in pa. Governor Corbert (I may not have his name right) signed a law to accept SORNA well at that time it opened up a three tier system of 1 – 15 year restration 2- 25 year registration and 3- Lifetime registration.

The problem is that there were people at the end of a 10 year plea contract with the sate. When SORNA passed – a 10 year registration went to 15 or 25 or for many LIFETIME.

That volated the Ex Post Facto rule of law in the State Constitution. Article 1 section 7
and the U.S. Constitution Article 1 section 10 under state’s not being able to break contracts – which a plea to register for Ten years was a contract.

SORNA violates that – – – – – The Muniz decision will not get rid of SORNA in PA. It will only effect those who entered into a plea with a court to register ten years.

For some that ten year time is up but those people are still on the registry, to add badness to worse some who had ten years when to lifetime. CAN YOU SAY, “That is not right.”

So one person name MUNIZ appealed and fought under the pa. Constitution Art 1 sec. 7 it went to the highest Court in Pa. and 6-1 the jusges on that court said that MUNIZ was right. . . . . . . .

Now the AG of Cumberland County wants a SCOTUS review on the issues.

By rule – Freed has 90 days to appeal to the SCOTUS – He has done so – and the SCOTUS can accep to hear the pa. high court decision to see if it stands right. If they accept it – Not only will MUNIZ wim but you will win to. . . . . and so will all other SO in other states across the U.S.A. becuase when the SCOTUS speak – It speaks to seal law for the Nation………..

That is the issue at stake. . . You got this?

Brian don’t feel lost of hope it is a good thing that Freed appealed for review.

It will get the issue before the right people at the right time to review the right issue that every body knows is wrong.

If the SCOTUS don’t see it. . . . . . . . It will be a lost. on the issue forever . . . . . . . or the battle continues on. . . . . .
The good news is – the High Court as given signs in other cases to how they feel about the Ex Post Facto issue. And it is good that they will uphold Muniz of Pa, and that will forece the PSP and AG to do the right thing or keep being sued for a lot of lot of money to be given out on this issue by the courts and juries everywhere.