Your worry is not that they will let you off that will happen. The PSP is doing a data search to see who to let off. You are in the data run, but the PSP has been given up to 18 months to complete the data run. The reason they are taking there time is they are not being opposed. You shoul be talking to your lawyer about a Writ of Nunc Pro Tunc.
I know that word sounds crazy. Nunc means NOW. Pro means FOR and Tunc means THEN.
Give me now what I should have got then. You are in the wait because – in this area of law – not every lawyer understand the process to file in court. You would think if you are paying a lawyer they would know what to do in your case, but they don’t know. That is why I type all of what I say to yall. . . . . . Your case is your case.
Today because ACT 10 is Law in Pa. In ACT are words that I beem telling you that are the hold up of why the PSP don’t have to act in hast.
In Act 10 which is a hyprite Bill of HB 1952 and HB 631 and when signed into Pa. law became – ACT 10.
Notice in ACT 10 these words that I been showing the longest:
ACT 10 says at page 10 lines 8-11 of that law :
Because of a JUDICIAL DETERMINATION (o n and a f t e r)
the effective date of this section of the invalidity of 42 PA.C.S. CH. 97 SUBCH. H, is not SUBJECT to
registration as a A sexual offender.
The words (o n and a f t e r) is the key –
The Mandamus writ is not what you need today to get off the registry – That was under MUNIZ -Decision. Act 10 is deemed a MUNIZ fix.
So You cannot use MUNIZ in a way I used MUNIZ- The PSP was bound by MUNIZ with out appeal delay. Under ACT 10 a Judicial determination is needed and while the judicial determination is in the works – and if any appeals – you have to keep current on your updates untill the case reach as high as MUNIZ and that is the PASC.
So the bad news is – you waited too late to use the Mandamus it forces the PSP to oney the law. Now the Law is ACT 10 and in ACT 10 a deal for judicial determination is key. MY CASE is PRE – ACT 10 and still active. So that is why the PAG and PSP so worried about me. If I get to go to the PASC my case will become the new Muniz – based on Muniz – and I will add ReeD and Butler.
You should be talking to your Lawyer now about a Nunc Pro Tunc Motion. Tunc Pro Tunc is normally to correct a record error. But It can be used to challenge a speedy hearing on a delayed right like yours.
The PSP and PAG have ACT 10 to lean on in that in that law it do say that if you get a judicial determination and win – they can keep you on the registry updating until your appeal is done.
Under Muniz – decision the automatic removal was slowed. . . . The PSP asked for 18 months to data review of who to let off the registry at the Judicial Committee meeting, and got it approved. That was when Freed went there too.
I would not give a lawyer too much money – Because a Nunc Pro Tunc Motion can be denied by the Court because it is a discretionary motion of best argument – The PAG will bring up that ACT 10 gives the PSP 18 Months delay time to review all RSO’s they need to remove off the registry – during that 18 month process RSO’s must keep updating until all judicial determination steps are done too include appeals under ACT 10 law which is law now today.
Waiting is the safest thing to do for you. The PSP has to let you off – but they want to take the 18 months to the wire. In My case the PAG and PSP had not ACT 10 on their side. I have all vested MUNIZ rights. MUNIZ was the Law in PA when I started my Mandamus. I was trying to get you to follow me. I put my e mail on the site hoping to contact you and show you steps to do the Pro-se mandamus. No one would act. . So I had to take the lead. . . And today I am off. But the PAG is at the mercy of the Commonwealth Court in my case. They are to give an answe regarding the money I asked for in the Mandamus for violating my civil rights. After 17 Oct 2017 until Jan 22, 2018 – They let me off 9 Feb 2018 – The Muniz decision was given on 19 July 2017 – PSP and Pa. Assembly got 90 days to fix the law under Muniz. They did nothing but listen to DA Freed and went for the Cert to SCOTUS.
That failed so when the Pa. Assembly saw that they went into action – in a hast with HB 1952 and HB 631
do you remember the 17 Oct 2017 date? The Pa. Assembly should have been doing the HB 1952 and HB 631 then.
But that delay hurt my rights on Civil R.A.P rule 1514(a). After 17 Oct 2017 the PSP was ignoring MUNIZ decision. I filed my mandamus 13 Oct 2017 – I made a mistake in service of the Mandamus but that did not hurt me by Civil R.A.P rule 1532(b) allowed me to continue by jurisdiction rights.
The PSP should give me up to $90,000 dollars for punitive violation of rights – I had that in the Mandamus – I can demand jury selection and full trial on this issue of the Mandamus. mandamus is normally an injunction writ, but when I filed for summary relief. The punitive damage kicked in. They Own me the Money and must let me off the registry. The just let me off the registry thinking I would be happy – I want the PSP to pay for the delay of waiting for Freed to Cert on ferderal issue when State issue had no stay and the PASC was done on Pa. Constitution rights under Muniz