Reply To: AWA Loses in Pennsylvania’s Highest Court

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Anonymous

Brian,
Just s friendly clarification. Judge Matsch rules the registry was unconstitutional “as spookier”. Which means it only affected those who actually sued. I’m order for his order to affect everyone, he would of had to find that the registry was unconstitutional “on its face”. Also, even if he ruled it was “on its face” and his order was upheld, Colorado is in a different Federal district than Pa, and this Federal District does not have to follow what the other one said. Not unless the US Supreme Court steps in.
Any time you read a ruling was “as applied” that means as it was spookier as alleged by the facts brought up in the case, which means as the law being challenged is appilied to those who sued.

Under the Muniz decision, it would appear relief is due to you. However, the question that needs to be asked and answered is, does ACT 10 is someway negate the relief due under Muniz. I do not know, and I think no one knows right now. It is going to take the highest court in Pa (Pa Supreme Court) to decide this. Remember, Act 10 was suppose to “fix Muniz”.
Now PSP may decide that considering your case, it may not be worth fighting. You never know until you are actually there.
I know you are stressed my brother. Take a deep breathe and try to remember this is better than prison. Everyone is stressed, no one wants to have to redo stuff. Let’s lean on each other. Sometimes just saying, Man, this registry really stinks, and I am going through a hard time emotionally becuase of it will help with the stress. Not cure it, but at least lessen it.
As you know, stay current and wait. It is not easy. I have 2 years more no matter how you slice it and I am stressed over it. The hardest part is the unknown part of it. You don’t know what is going to happen and when. Your day in court will come, if they don’t give in before then.
I was speaking to someone about Act 10 and she didn’t know I was an offender. She was going on how she was SO HAPPY Act 10 was passed. How there was going to be people “falling through the cracks” of it wasn’t for ACT 10. I explained to her there are a lot of people who were only 10 years when they first started and their time was bumped to Life. “Oh no” she said. They can’t do that. They would never do that. “ I said they could and they did.” She was shocked when she confirmed what I said.
Hang in there, my brother. Tell your wife it will have a end date.