Reply To: AWA Loses in Pennsylvania’s Highest Court

#34813

terry brunson

@ Jim B

A writ to the trial court is a Pennsylvania’s Post Conviction Relief Act motion (PCRA)
PCRA is an indirect method of appeal in criminal cases.

However; you issue under SORNA and Megan’s Law is different than a PRCA.

Under a PRCA a person has 1 year from the direct appeal to raise new issues in their case. Where the accused lost the case, and wants to challenge some aspect of it the PCRA allows the person to have the case reconsidered when a direct appeal to the Superior Court has been denied.

The PCRA must be filed within one year of the denial of the final direct appeal, or after the conviction if the defendant chooses not to use direct appeals.

However when it comes to SORNA and the Muniz decision – PCRA to the trail court will not fly.

The PCRA is a criminal case Writ that deals with the fact in your case.

Megan’s Law is Civil in nature – so you hve to you civil writs. The Writ to use is the Mandamus Writ for injunction relief from the PSP holding you to a law the PASC has struck down. The Muiz decision is the PASC law that if applicable to you – you can file it to your Trail court or you can file it to a common plea court –

and if denied you can direct appeal to a commonwealth appeal court and ask to review jurisdiction. You have to ask the commonwealth court to release records of your plea deal to see if it was a Megan’s Law hearing and was it for 10 years of life.

If there is no record you will file for summary Relief under R.A.P. rule 1532(b) for summary relief under Muniz

HOPE YOU GO IT – RE READ IT PLEASE