Chuck – – – – you R right about the 17 Oct 2017 stay date- See my post of September 30 2017) That is why I waited until now to file mandamus Pro-se- I am in Philadelphia if I mail the writ on the 11th Wed. It will get to the Harrisburg post office in three day – will be there Friday – Court Clerk said by phone that they will not file dated it until 16th and it will take time for the docket to develop. The 90 day stay will have been lifted – for the this so called legislative fix – that will be newer than SORNA’s date of 20 December 2012 –
Any so called legislative fix will still be ex Post Facto – retroactive . . . . . . . . and cannot apply to offenses pre- whatever date they roll out this new version of Megan’s law V.
State Constitution right are at times gives greater protection of rights. The lone PASC JUSTICE MUNDY GAVE THIS CONCURRING STATEMENT:
“Although I disagree with Muniz’s conclusions, they are now the law of this Commonwealth. As such, they must be applied in a meaningful way. No sensible reading of Muniz would permit the Commonwealth Court’s contrary judgment to stand. I therefore join the Court’s order in this case, because it correctly applies Muniz and reverses the Commonwealth Court’s order in this regard.”
I knew there was a 90 day stay – to give the Pa. legislatures time to put together a some kind of fix. . . . . but the rule for a stay is normally 30 days. . . . . . . . Freed has also Petitioned the SCOTUS for Writ Certiorari that is also a 90 wait to file it within the 90 days. on the 91st day jurisdiction remands back to the PASC. . . . . . Then the PSP will be give direction to remove names from the registry.
Freed’s appeal for review may be a hold up on finality of Muniz – but there is an open door only on the question of U.S. Constitution federal matters that the SCOTUS may never accept- less than 1% of Petitions of Writs of Certiorari are accepted for review. . . . That is a shoot in the dark to just add time on the wait.
I know that it will take time, but the way the PASC performed this Muniz decision was masterful. . . . . They established finality on State Constution rights up front where there would no need to be a remand back to them on State Constitution questions of law. They cover all State right questions. The SCOTUS cannot move that – Just on that alone seals Muniz-
I bank on the SCOTUS to deny Freed’s Petition for Writ Certiorari like it did to Ohio – Alaska – Maryland – Indiana – Michigan – and Next Pennsylvania . . . . . . . . . . . Sorry if I speak so boldly with assurance of that – it is not arrogance it is all through hours in the prison Law Libray and filling writs for fellow prisoners in TEXAS –
Pa. gives greater rights – I was shocked when Muniz decision was 5 to 1 that was strange to me. Most Judges don’t see the punitive side of SORNA and the Ex Post Facto issues of old Law New Law concept. They like one size fits all. WoW it was an eye opener to behold that. . . . . . . But this is how I know that the SCOTUS will not let SORNA reach it’s chambers. . .
Just reason to ask yourself – Why did Texas never accepted to comply with SORNA – The people of Texas knew something. They that old law new law concepts right. They know what Ex post Facto rules look like. Other state Law makers are slow to understand the real Constitutional concerns with SORNA – – – But they will catch up soon and a new light on Justice is shining forth today. . . . . You will see in your day a death of SO’s Registration soon all over. . . . . . The SCOTUS is waiting for just the right time to correct this mess. . . . . now only 6 state are awaking – more will follow as each state Supreme court sees writs and arguments on true justice . . . . . . The North Caroline Face Book case was another hope that the SCOTUS is waiting in the wins to accept the right state to speak for the whole nation. . . . . . . Megan’s Law is mostly controlled and regulated by the States – the AWA tried for a Nationa data base but failed SORNA was as close as they could get to a national registry. . . . And still there is no standardize scale yet. . . . . The SO’s registry helps one one stay safe it is a waste of time and effort of busy work to disrupt people’s lives with more and more restrictions based on ghost facts and prejudices.