Great news guys from Terry Brunson
We made it to the mountain top.
I have jumped ahead of Polizer to be the next Muniz, Muniz helped me get to the PASC but now as of 19 July 2018 exactly one year to the day of Muniz – I was put at the PASC docket 112 MM 2018
The show is on ACT 10 and Act 29 are going to go away.
I still have no lawyer. I am so grateful for Chuck and Brian who have lead me with comments to go for it. Chuck use to tell me to wait and see, but I told him waiting is good, but filing Mandamus and waiting is better. Chuck my man I love you and I thank you for being a tough dad to push his son forward.
All the lawyer I talk too told me that I would never get to the PASC without some help from them. They wanted dollar dollar bills yall.
I though the fight was to attack the ex pos facto line, but then I noticed that SORNA was never deemed unconstitutional as a whole only in part as relation to ex post facto increase in punishment from 10 years to 15 to 25 to life with updates every quarter. That is what Muniz won for us. Thank you Muniz. But in order to amend SORNA with ACT 10 or ACT 29 a former Megan’s Law offense is needed. ACT 10 and ACT 29 need a old sex offense after April 1996 and before December 2012.
I began to say to myself it is good that I did not fight ACT 10 in 463 MD 2017 because I would have been off key fighting an ex post facto issue and like Dave said I would have loss an opportunity to see the real weakness of ACT 10 and ACT 29.
The weakness is in the construction of the way the Law ACT 10 and ACT 29 are written. The are amentments to SORNA not new enacted Law. If they were new Law we would get SORNA 1 and then SORNA2 and on and on.
In order to make a new sex offender law – SORNA must be repealed as a whole and a new SORNA-2 must come forth. If that is done by the Pa. Assembly . The flood gate to SORNA 1 people would open on the ex post facto fight for them that there offense happened before SORNA2 and here we go to fight again on Ex post facto and civil collateral consequence under Weaver v. Gram – The Pa. Assembly thought that amending SORNA would gain a ok from the court system. The court are not on the side of the situation.
at the Court of common pleas the case CP-41-CR-2173-2015 Gregory Person filed pro se habeas corpus on SORNA and ACT 10 being the same and the court saw his view.
SORNA never has been deemed unconstitutional as a whole law. Anything done to SORNA as an AMENDMENT is still SORNA amended[.]
SORNA amended is what ACT 10 and ACT 29 is. BThe Pennsylvania Statutory Construction ACT title 1 Pa. C.S. 1971(a) disallows an amendment law to reverse only in the part of the law that the Pa. Assembly wants to that effects Muniz only. Like they are attacking only the Muniz – decision making it seem like Muniz never happen.
That is what ACT 10 and ACT 29 are all about.
But the Pa. Assembly never realized that SORNA is still active in the good part that says at 42 Pa. C.S. 9799.41. This is the good part of SORNA that they left untouched to Expire all former Megan’s laws.
ACT 10 and ACT 29 need a former Megan’s Law application to work like they want it to in the recapture of people that Muniz helped. If you expire all the former Megan’s Laws – where is the offence after April 1996 before December 2012?
SORNA good says they are E X P I R E D – completed – done – gone- no longer to be used – and satisfied.
SORNA law 42 Pa. C.S. 9799.41 was to be used to get money form the AWA to be in compliance. This is the reason the Pa. Expired the former Megan’s Laws thinking that SORNA would not meet a Muniz.
They should have repealed former Megan’s Laws and made a Savings Clause saying that they way to keep the Former Megan’s Laws in place to attach to old offenses for future new law application. They miss the ball on that.
It is going to be hard to do that now. I have figured the puzzle out. The PAG has put five Lawyers on me to study how did a pro se low life sex offender figure this out on his own without legal training.
I give respect to NARSOL for having the foresight to open this forum without it I would have never found friends to fight for in the same boat as I – Snoopy – Brian – Dave – Chuck – Mark- and others I love all the comments and questions – I don’t know it all but I know that the part that I do know is going to change the sky line to give hope to Lifetime sex offenders for a way off the registry that the Pa. Assembly by knee jerk push out in haste bad law called ACT 10 and ACT 29 not realizing such a thing could not be done at all legally in Pennsylvania.