The Commonwealth court is not friendly to the idea that ACT 10 attaches to my suit. The court has issues a new order saying I can take leave of court and amend the Mandamus and add act 10 or start a new claim on ACT 10.
I want to fight to get off the SORNA by Muniz- decision and get that judicial determination and use it to move on to fight ACT 10. I am a bit disappointed that the court is dismissing my ACT 10 fight. they say that I cannot attack it in the middle of a suit without asking permission to amend or start a new suit. But I will never give up.
I was 10 years when I came to PA but a life time determination has been placed on me now. I think it is due to the out of State 9795.2(b)(4)(iii) out of state that holds me to life time if the out of state court requires lifetime registration. My only claim would be to raise equal protection of law un U.S Constitution Amendment 14.
In Pa. there is a equal protection challenge that can be made, but it is an ACT 10 fight not SORNA.
I think 3126a7 under old Megan’s Law was M-1 ten years pre- SORNA . It seems that my case is getting complex now to the court, but I am still fighting and I know what to say to keep the case alive.
I do wish I could take leave of court and add the ACT 10 but that would be a risk to get a dismissal with prejudice on ACT 10 issue to lock me out for ever. The ACT 10 fight has to be filed separate from this fight on MUNIZ.
Plus to inform every one that on ACT 10 the writ to file would not be a Mandamus. It would be a NOTICE TO DEFEND under Pa. court rule 1018.1
I will be claim and wait the process out on ACT 10. One fight at a time. The commonwealth court is being fair and so in the the shady lady miss Boland the PAG. I am the one that is demanding a judicial determination so I can be assured to file SHOW Cause when the PSP don’t honor the court’s order.
I think it is better to have a court order than trust the PSP to do voluntary cessation. That voluntary cessation did not work out for the PSP at all. The PAG tells the court one thing and the PSP do the opposite. They are not on the same page on the voluntary cessation.
The PSP has been waiting for ACT 10 to pass so they can kick into acting crazy towards Pre-SORNA people. They think that ACT 10 is a rock solid law that will stand constitutional muster. We will see. I wanted to be the lead case on ACT 10, but it may be best that I yield to a PA lawyer to pick that up for us.