I know it don’t make sense because freed appealed and a stay was issued – That stay and Freed’s Cert appeal to the SCOTUS is on a single issue of U.S. Constitution Claim in Muniz on ARTICLE 1 Section 10 of the U.S. Constitution.
Muniz case needs a remand only on the Federal issue – The State issues are final. The Highest court in pa. has issued their opinion. If a petitioner makes a claim to state rights only the Commonwealth court in Harrisburg will issue a ruling under state rights. The stay on the Muniz case is on the federal issues. State issue is done.
I got my filed copy Writ of Mandamus back and the commonwealth court clerk sent me a letter saying my mandamus is going on the docket for a hearing . my case number is 463 MD 2017. it can be looked up I don’t mind.
The court sent me a Court’s Web Portal to file my brief in support of the complain against the PSP for waiting for total completion of Muniz on the federal issue.
I am sure that Freed’s Cert to the SCOTUS will be denied – less than 1 % make it to the SCOTUS on Cert Appeals. Freed is buying time for the PSP to do nothing. . . .
Chuck is right about the be still and wait – the real battle has been won – But a mandamus only gives a head start. The PSP is not going to just let 10,000 SO go without a fight. . . . . Muniz put SO in a wonderful position to appeal or waint it out. . . I am one that will test the waters of the Mandamus. . . . . . . The stay on Muniz don’t effect the state right change if you do not metion in your Mandamus anything about you U.S. Constitution rights on Ex Post Facto Art. 1 Sec 10 federal rule on state part under federal challenge. . . . I know it seem to not make sense how one can Mandamus when a stay is in place – – – – – – A Mandamus is a relief Writ – Compelling a state agency like the PSP to follow the law. You may ask What Law? Muniz? It is not final yet. But it is on the State Level. If in the Mandamus you state on the state claim – The State Commonwealth court will hear you- – – – and give you a changes to say your peace – – – – – – If the stay on Muniz was so enforce I would not have gotten a docket Number 463 MD 2017. I would have been told to wait until Muniz is finished. . . Not the case. . . . The great thing is that we all will get to the finish line. . . . I just decided to hop on the fire truck to get to the issue quicker. . . . .