Good News on 4-13-18
The PAG is considering a withdraw of her grounds on ACT10 challenge that I am making. If my original Mandamus shows that I made an ACT 10 challenge on 13 Oct 2017 and I did but it was to battle HB 1952 and HB 631 which became ACT 10 on Feb 22, 2018.
She said in her show cause that my ACT 10 claim was not ripe if it is not in the original complaint – BUT I did put it there. I knew that ACT 10 would pass the PA. Assembly by looking at the fast tract of the House Bill 1952. But ACT10 still will not pass constitutional muster when it gets before the PASC.
I think the PSP and the PAG knows this now. They have directed me you review ACT10 provision SECTION 20 on page 111 and 112 of ACT10 – quoting (III) an individual who, before or after the
effective date of this paragraph:
(a) commits an offense subject to 42 pa.c.s. subch. h; but
(b) because of a “judicial determination” on or after the effective date of this section of the invalidity of 42 Pa. C.S. subch. H, is not subject to registration as a sexual offender.
Has any one an Ideal what this mean? What is this shady lady telling me?
You may have to share it with me on the meaning.
I wish Chuck could comment on this but he is a monitor and cannot, But I told him that it would come to a judicial determination to be cleared from ACT10.
This is what they are offering me. It is not a win for every one – each person must be willing to lawyer up and get their own judicial determination Muniz ‘s judicial determination cannot be used for ACT 10 only SORNA challenges. . . . Looks like the PAG and PSP has run out of steam dealing with me.
It is up to the Commonwealth Court judge now. If he denies this and goes the other way during the show cause hearing on the 17th of April 2018 under cause 463 MD 2017 I will have to appeal and look out PASC here comes T.P.B. through appeal . under P.A.P. rule 723 I may be able to jump the Pa. Superior Cout of appeals and go directly to the PASC – if the Commonwealth court don’t order this under Mandamus, but a win under a civil suit of R.A.P. 1532(b) I can go directly to the PASC on appeal.
I don’t know which way the judge will go, but I see that the PAG and PSP think that ACT 10 has a provision that gives them face to keep me from becoming the next MUNIZ for all. They are giving me a way out and giving themselves a way out to under an ACT10 provision if the judge agree. Like a plead deal Judge has to agree. and order it.
Once the order is made the court will have 10 days to send the order to the PAG office and the PAG must give the PSP a written order to except me from being under ACT10 check mate.
I was hoping to go to the PASC on the issues of ACT10 – I do want to say Chuck I told you the judicial determination was going to be the way to victory. Chuck I think I owe you for the push to file in the first place thank you…. terry brunson