I was not sadden at all I know what is going to happen. HB 1952 is in violation of “vested rights” when a state Legislature don’t like a court decision and they go behind the court and vote to under mind the right created. There is a SCOTUS case that is still good law on “vested rights” doctrine. McCullough v. Virginia, 172 U.S. 102 (U.S. 1898)
The Senate seem to think that taking away the punitive element will help lessen the challenge. The PSP will send out the 90 day data letter to all RSO’s that they identify that must stay on the registry. They will have 90 days from the enactment of this HB 1952 to register. It that 90 days a judicial determenation can be sought from the pa. court system just as I been telling all CASE BY CASE.
I HAVE A HEAD START since I am in court on this very issue. I adjusted my brief to get this to get this judicial determination because I can see where they are going. When I was ask to accept a deal to let the PAG get me off. I knew she was buying time to get pass 5 Feb 2018 judicial hearing. I could have opposed her extension of time day a delay and demanded a hearing – but that would have caused a longer delay instead of ten days it would have taken 30 days for the court to heard my opposition brief.
I will wait until 15 Feb 2018 for her brief – I have insight on what she will write and I am ready to take her on – HB 1952 has given they a false sense of victory to return to the ways of the pass in thinking – a PUNITIVE ELEMENT is needed to take down HB 1952. . . . . UNDER CIVIL COLLATERAL CONSEQUENCE.
But Commonwealth v. Ray J. B. and Commonwealth v. Reed and Commonwealth v. Wooodruff has insight to revisit the issues. I must get before the court to keep from waiving the issue.
My accepting of a deal will mean I would not get a judicial determination in which to appeal from. The appeals courts will review the court record to determine what the issue is and right now 463 MD 2017 is an active case. The PAG will call me and say, “Great news – the PSP will take you off the registry without having to go to court.” She is going to think I will jump at that news – but I won’t because that will be my death nail to close my case as moot due to arbitration resolution without using court resources. It sounds good but when the real deal of HB 1952 kick I would have to start my suit of the PSP all over again to – with Muniz decision undermine issue already in my brief I will have greater preservation of objection rights. It not about me getting off the registry now. It is about one person becoming the new Muniz – It could be another ahead of me who has a lawyer – great. But I know what I have to do and who I have to fight and how I have to fight. Thank You chuck for pushing me to do the mandamus.