I told all the DA Freed was using the Cert appeal to delay – for this that is going on in the Pa assembly with HB 1952. Freed knows that less than 1% of SCOTUS Cert’s get through. He knew that the Judaical committee needed time to strip the punitive skin off of PA ML’s and add some less restriction to return it to collateral Consequences status and re-write ML -2 without the unconstitutional stuff that Nieman had shot down at the PASC.
Freed’s Cert is now a sitting duck. He cares nothing about a SCOTUS fight on Muniz now. He want us to challenge the new law now. In the pass challenges yield the court status quo of collateral Consequence result – – -But now now. The PASC has pushed MUNIZ as the front case that attacks retroactive application of law. . . . . . and Ex Post Facto -ness that will never again return things back to normal in the Courts of Pa on ML’s challenges.
HB 1952 will be a law that will only effect those that come into the State of Pennsylvania from the activation date on. Us Pre – SORNA people who been here in wait of Muniz will yield VICTORY still when the Muniz record is remanded back to the Pathonotary at Harrisburg Court House, and jurisdiction is relinquished from the SCOTUS.
On the return of Muniz to PASC – HB 1952 will meet a face off – for per- SORNA RSO’s after 22 April 1996 and after 19 December 2012. There will be MUNIZ which helps all and there will be HB 1952 which helps a few. Mostly thos who ten year bid is done – those that got time to go HB 1952 keeps you on the lis Life times too are kept on the list.. . . Even SVP’s are kept on the list – But under Muniz all would be removed.
That is when MUNIZ will help each and all RSO’s in PA – And that provision of HB 1952 which calls for “JUDICIAL DETERMINATION” to get a person off the list will be realized what it truly means. (More Court action)
I will post it here: (An individual who, before or after the effective date of this paragraph: (A) Commits an offense subject to 42 Pa.C.S. Subch. H; but (B) because of a judicial determination on or after the effective date of this section of the invalidity of 42 Pa.C.S. Subch. H, is not subject to registration as a sexual offender.)
That means you MUST go to court and get a decision from a Judge in judicial determination that HB 1925 is in invalidity not to hold a person to registration as a SO. Read that slow because a friend of mine attack me to say this is MUNIZ – How can it be Muniz if it has to be on or after the vote to HB 1952? Muniz happen in 19 July 2017 – HB 1952 will be voted in in 2018. Chuck can you explain this to us?