You say that the PSP cannot do anything right now – You may not have gone to the PSP web site and find Joses Muniz he is no longer there listed…. WHY? Because the . . PSP by court order of Law told the PSP by PASC mandate to order to remove his information NOW – He does not have to wait until Freed’s Cert is returned. . . .
Here is Why- – – PA Constitution rights. . . Muniz did not file a Mandamus – but His appeal yielded Nunc Pro Tunc results as Now for then. . . . . .
The Highest court in PA has ruled and gave a 90 stay to the PSP and AG and the Law makers of PA to make a fix. . . . They opted to do nothing but wait for Freed to Cert thinking that will be a win to the SCOTUS instead of a legislative fix. . . . BUT that would have changed the stakes for any Megan’s Law fix dated 2017 that would affect post SORNA RSO’s retroactively. . . and they would also be able to claim MUNIZ as well and be removed from the list. . .
They think this is a game of time telling that the SCOTUS will side with Freed – BUT WHAT DOES FREED KNOW DIFFERENT THAN THE FIVE OTHER STATES THAT HAVE GONE BEFORE THEM ON THE SAME GROUNDS IN SUPPORT OF SORNA?
Freed’s Cert will be denied and a mandate will come back to PA mandating the removal of 10,000 PA RSO’s off the registry …… When that happens. . . . . . . The AG of PA will drag feet to issue the order to remove names . . . . and the PSP will drag feet about man hours and it will take 6 to 18 months to do all the name removals. . . . .
Look, if we have to up date information within 48 hours under SORNA – they should have to remove names in a reasonable amount of time – – – – – but for them to up date removals in time span of 6- to 18 months. . . . . HOW DOES THAT SOUND TO LOGICALLY THINKING PEOPLE? Just saying . . . . . . . . .
Chuck I know that all do not know their Mandamus rights (Pro Se) and may need a lawyer- – – But the Commonwealth Court of Appeal in Harrisburg is so helpful to Pro Se filers that it is not funny….. The court fee is $65.75 and if you = cannot pay that fee; you can file a informa Paluse Writ of indigence as a poor person to mandamus rights of relief.
The PSP will not do the right thing in the end. . . They will have to be pushed there to move . . . . . . . The Writ of Mandamus is the push. . . . It can be file at any time.
Regardless of a stay on the Federal question – – A Mandamus trumps the stay on the Federal question that Freed is filing under. . . . State rights are greater than Federal rights under MUNIZ – claim
The state rights appeal under MUNIZ has gone the distance needed to claim Mandamus relief NOW.
The PASC has spoken on MUNIZ. . . It Is The Law In The Commonwealth as of 17 OCTOBER 2017. . . . .
It is the Federal question that Freed seems to think needs a clarification by Review Petition of Certiarori on U.S. Constitutional Federal issue of Ex Post Facto application of SORNA. . . . . . . .
The State rights are complete and the Commonwealth Appeal Courts are accepting Mandamus Relief Complains right NOW . . . . . . In my Mandamus progress of 463 MD 2017 The PSP has 30 days to respond to my complaint.
The PSP has 30 days to tell the Court why Terry Brunson has to wait for a SCOTUS decision on MUNIZ when under State Constitutional rights under MUNIZ are in effect NOW on the PA Constitution claim.
There was no 50/50 split on the PSSC on MUNIZ decision of State rights greater tan Feral rights. . . . .
The vote on MUNIZ was a 5 Yes votes to 1 No vote and a 1 vote to not vote on Muniz.. . . . and Commonwealth v. Reed was an all in vote 7 to 0 on getting pre- SORNA people off the registry all together [.] It was all done on July 19, 2017