Reply To: AWA Loses in Pennsylvania’s Highest Court – Discussion Continued

terry brunson

@ Brian

I told you that Polizer Lawyer were not going the right direction – What I meant to say was Polizer’s lawyers quit on him with a withdraw and left him to pro-se his own case. The appeal court oredered that new lawyers take over his case, and they got Polizer to the PASC his date to be heard will come up soon.

However; reading his brief – He is fighting a SORNA-1 issue that in the eyes of the PSP under SORNA-2 fixed. i.e. making his case “MOOT”

See the PSP is using voluntary cessation as a merit’s block on getting a “judicial determination from a court. The PSP think that fixing the issue by voluntary cessation on SORNA-1 a count determination is no longer needed. The is my case of 463 MD 2017 fight.

But – my position is not expost facto – like MUNIZ. . . . My case is simple. . . . Expiration of former Megan’s Law 3 by 42 Pa. 9799.41 and 1 Pa. 1971(a) all Megan’s Law 3 applications were expired by SORNA…… There the rule 42 C.S. 9795.1(a) and (b) and 9795.2 no longer apply as expired.

In order to apply SOANA 1 or SORNA-2 and now SORNA -3 you have to have a former Megan’s Law offense after 1996 before December 2012. If the former Megan’s Law 3 is gone- – – – so is the offense needed to apply to SORNA applications hence the expired former Megan’s Law completed the requirement to register with the PSP.

This is my case to the court in 463 MD 2017 If I get a judicial determination It will kick me off the registry as PSP is using Expired offense law to apply to new law which will give me a win.

My 339 MD 2018 is an ACT 10 fight. If I win on 463 MD 2017 that ACT 10 fight is Moot for me because I will not be under ACT 10 or ACT 29 to have to go to court. I am also fighting life application simply because my offense is from TEXAS like Tommy Lee Jackson case. Brian I hope you understand what I’m saying to you. Others reading this may and it will help them to see the real deal on the PSP trying to get in the way of the court making a judicial determination by their voluntary cessation. The law says you must have the court determination on SORNA -1 to get off all registrations. The PSP is using voluntary cessation to stop court review. . . . . I put this in my brief. . . it is unfair to say we fix something to stop a court from having to order them to stop it. That would make the fight moot.