Reply To: AWA Loses in Pennsylvania’s Highest Court

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terry brunson

This is Terry – I want to inform all RSO’s that a Stay on the federal question in effect – What that means is if you present to a court that the PSP is violating your U.S. Constitutional right by applying SORNA. Because you seek the federal Constitution protection – the stay will stop you from making a federal claim to the court. Because you are mentioning what the Federal Constitution says.

That is why Freed appealed by Cert on a Federal question about SORNA in Muniz. HOWEVER – if you file in a Pa. court claiming state rights only. And saying nothing in you papers about the U.S. federal Constitution. The highest court in Pa. has made final its decision on Muniz. . . That cannot be changed easy. The Muniz decision at the state level has had a total support decision with no slip Muniz decision was a vote 6 yes for Muniz 1 and 1 that did not want to take part. But the one that did not take part was Justice Mundy she was ask to write the Muniz review and she said though she does not suport Muniz – it is the Law of the Pa. Commonwelth and should be applied with meaning. Let me give you her words :

Quoting Justice Mundy of PASC:
“Although I disagree with Muniz’s conclusions, they are now the law of this Commonwealth. As such, they must be applied in a meaningful way. No sensible reading of Muniz would permit the Commonwealth Court’s contrary judgment to stand. I therefore join the Court’s order in this case, because it correctly applies Muniz and reverses the Commonwealth Court’s order in this regard.”