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

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terry brunson

@ Chuck
The legal mindedness of how the PASC handed down Muniz was masterful – There was a 5 to 1 decision with Justice Mundy not voting: The question on the State Constitution had finality in which that needs no remand review on State rights under the Pa. Const.

An appeal to the SCOTUS by Cert. is not part of the appeal process. . . It is like an interlocutory appeal. However; the question was on the Federal U.S. Constitution. . . . . That is what is being appealed to have a review on. . . The federal issue should not stop state enforcement of MUNIZ –

CONCURRING STATEMENT of PASC JUSTICE MUNDY
“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.”

On 19 July 2017 Muniz on the State issues was final – No matter what the SCOTUS demands on the federal question. Justice Mundy said – “MUNIZ IS THE LAW OF THE LAND IN PA. and must be applied in a meaningful way. . .

And no commonwealth court should give contrary judgement to it. . The PSP on the state issue is applying SORNA
in a retroactive way to pre-SORNA people, They are breaking the Law. Oct 19, 2017 is the date to roll out a legislative fix which too will be applied in a retroactive way.. . . going again against the MUNIZ decision of 19 July 2017. . . . And one more note. At SORNA date – all Pa. Megan’s laws were expired – – by SORNA. . . What is there to revert back to? All rules of Megan’s Law I , I I, and I I I and dead. . . . . .