Hello to all – This is Terry. . . . . . I want to say thank you to all for the encouragement to fight. The Muniz decision is the law of the Pa. Commonwealth as of today on state rights of the Pa. Constitution Article 1, Section 1, 9, 11, 17,and 26
On the Federal question – freed though the PASC made Muniz decision based on the U.S. Constitution Article 1 Section 10. Freed did not realized that the PASC made their decision on the Pa. Constitution and added by dicta comments of Judicial opinion that the U.S. Constitution and the Pa. Constitution say the same thing about Ex Post Facto applications of retroactive prohibitions of law .
Freed uses the supremacy Clause of the U.S. Constitution Article 6 Clause 2 that says that the U.S. Constitution is the law of the land and all state Constitutions and state Laws contrary to the U.S. Constitution should be not withstanding. The problem with this is:
The Pa Constitution says what the U.S. Constitution says word for for on Ex Post Facto Laws
The contrary State Law is SORNA application on people pre- 20 Dec 2012. Freed’s conference will be short lived at the SCOTUS Law clerks are already in Washington ready to laugh Freed out the court room and back to PA. with a denial to be heard on MUNIZ with a Remand back to the PASC to issue order to PAG to issue order to PSP to remove 10,000 names off the registry.
The PSP will look to the PAG and say what about HB 1952? The PAG will tell the PSP – Follow the PASC remand but do it case by Case making people go to court for their own Judicial determination. MUNIZ got his own they got
to get their own too. That is what it says in the Bill on page = 14 at the top (it is a MUNIZ FIX and BUTLER)
The PSP will make peopl go to a PA court for judicial determination and while in court a stay will be in place for you to stay under HB 1952 rule until the court gives a determination the PSP lawyer will keep asking for 30 continuance to get record ready. All a delay. The lower appeal courts will say people must go as high as MUNIZ – That means an apeal to the PASC – who every makes it there first will be the New Muniz to knock down HB 1952.
I think I am in the lead. All thanks to Brian and Chuck (Thank You) Chuck mostly. He wanted me to wait it out but I felt HB 1952 on the loom so I file Mandamus pro Se my self without a lawyer. I have to learn the court rules as I go but i feel good. I did not service the PSP and AG by certified mail I used FEDEX and USPS first class mail.
It was not a bad mistake it only threw off 30 day wait time. Chuck knows how to get to the Commonwealth court site. My case is 462 MD 2017 still active not close thank God Pa. Rule 1532 (b) is my savior. Wish me the best I am going after HB 1952 as Ex Post Facto in application retroactive. The harm of it is two Ex Post Facto and Prejudice attack on Pre SORNA group. against Pa. Constitution Article 1 Section 9, 11, 17,and 26