Reply To: AWA Loses in Pennsylvania’s Highest Court

#35304
Avatar
Chuck

@ Brian,
No, becuase they are claiming 1952/631 is civil and thus immune from ex post facto claims. Only criminal/punishment statues are subject to ex post facto challenges.

I do not think the Pa Supreme Court is going to allow them to “waive a magic wand” and presto the registry is no longer punitive

However, Pa is arguing we went through the Muniz decision line by line and took out everything the Pa Supreme Court found objectionable. I don’t think they have. For example, for the first few years you have to register in person. Then you are allowed to do it by phone. Also the “after 25 years you can petition the court” is not going to fly. HVing the Muniz decision should help speeds things up because we will not be asking the courts to make up new law, just to enforce what already exist.