TO TERRY BRUNSON… Actually, the State Mandamus should work. … I am a former NY Attorney with my alleged crime occurring in April, 1999 in Florida. I still live in Florida (hating every minute of it) and I want to move back to NY, but the laws there are too strict. I was just in PA two weeks ago looking for property (I am actually getting transferred there by my law firm). I know Florida law (as I am a Lead “glorified” paralegal with 2 law firms here in criminal defense and civil law), so, Florida is the best out of two bad worlds. I am a Senior Pastor in my Church here (everyone knows about my case), and I work work with those convicted of sex crimes, the homeless, and others. I work with the Sheriff’s Office and the Court’s working with them to place RSO’s in suitable employment, living, therapy, and alternative sentencing environments. But, here, the residential restrictions are beyond horrible and Florida Courts are not yet ready to come to our side, even if the data and laws are on our side. Now… back to the Mandamus on the State level…
Before the stay was filed on Muniz, I drafted a Writ of Prohibition and a Writ of Mandamus to enforce Muniz as to where it applied to me. So, Terry, you are on the right track with the correct legal reasoning. And, you are further correct on the point that the PA SORNA (each past law enacted), basically “expired. So, under Muniz, any new law under a “revised legal scheme” where we have to register or jump through other burden hoops, should not be allowed to be retroactive. There is enough empirical data, history, testimony from Court cases, and now application of recent decisions (though, at best for now are only what are called “persuasive” decisions/legal reasoning in application to PA, the best shot is the Muniz law and a challenge that the Megan’s (or (“SORNA”) laws prior to December 2012, have expired, and any new legal scheme based on what the PA Supreme Court declared unconstitutional under current SORNA, cannot now be revised to comply with the law. Hence, as it stands now, anyone whose “ciminal act”, not sentence, which occurred prior to December, 2012, should not be subject to any SORNA under any guise. The worse case scenario would be that a “felony” registration law”, of which, if PA has one, it is directed to those convicted of felonies, has to register as a “felon”, regardless of the crime. However, that is only providing name, address and other info only for law enforcement purposes (not made public by a web site), and only a yearly update or if a person changes info. I have not checked if PA has such a law, but NY does. In Polk County, Florida, (by Orlando), the County makes the RSO place a decal on their car to identify them as an RSO. Other states make a person put a sign on their front lawn.
In closing…Terry, you are on the right track. If you are successful, you need to publish your writ and subsequent Order on this site somewhere where people can use it as a guide. The more pressure everyone places on the politicians and courts… and makes them spend money and get decisions not in their favor, will be good for us!