Reply To: AWA Loses in Pennsylvania’s Highest Court

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terry brunson

@Brian – You ask when will the Federal stay be over?

At the return of the record of Muniz case to the PASC on remand from the SCOTUS. The PASC will vacate their federal stay order of that they issued on Freed’s request go to the SCOTUS on a Cert under Muniz. At the return of the Muniz case to the PASC will issue an order to close Muniz as final and at the same time the PASC will order the PAG to order the PSP to remove names of Pre-SORNA of their registry.

However; there is no stay on Muniz state issues. State issues can go forward in lower Pa. courts on Muniz by Mandamus Writs. But if any mention of the U.S. Constitution be said – in any Mandamus other than mentioning the Pa. Constitution issue- the feral stay will stop you from saying anything about U.S. Constitution which is federal in nature. There is a stay in place on all federal issues until the Muniz case is final on the federal question under Freed’s Cert. That Cert is in process to go to Conference on 22 January to get a hearing schedule date to hear arguments to support the issue Freed brings. When the SCOTUS reads the Law court clerk’s review on PA. Muniz – They have said that PA. Muniz has no issue that Ohio -Indiana – Maryland – Michigan – could get over to the court.
Freed will be then denied an opportunity to be heard on Muniz Issues. The SCOTUS will review the PASC decision on Muniz. That court will return the record to the PASC as vacated and issue their finding that questions of the PA Constitution and the U.S. Constitution say the same thing on application of retroactive Ex Post Facto claims on SORNA being applied to pre-SORNA people in Pa. Brian I hope I explained it to understanding.