This is terry brunson – can you ask your lawyer about PSP appeal rights and stay of your order to remove your from the registry. Have your Lawyer read 42 Pa. C.S. 9799.15(a.2)(7) which says – (7) “The petitioner you and the Commonwealth the PSP shall have the right to appellate review of the actions of the sentencing court under subsection “H”. An appeal by the Commonwealth shall stay – stay stay stay stay did I say stay? the order of the sentencing court.”
While under the stay you will have to keep compliant until the final decision of the appeal. and read 42 Pa. C.S. 9799.15(a.2)(9) which says – (9) “If the petitioner is exempt from any provisions of this subchapter “H” and the petitioner is subsequently convicted under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements), relief granted under this subsection shall be void and the petitioner shall automatically and immediately again be subject to the provisions of this subchapter “H”, as previously determined by this subchapter.
This is a bs way to delay you right to justice on ACT 10 and ACT 29 relief which is subchapter “I”. Also lower court are under It is a master of deception on making it look like the court gives you a win only for the Commonwealth to appeal to get a stay to drag your case on and on and on and your lawyer will want from you dollar dollar bills.
42 Pa. C.S. 9799.23(b)(2) (2) which says, “Except as provided in sections 9799.15(a.2)(7)(9), the court shall have no authority to relieve a sexual offender from the duty to register under this subchapter “H”or to modify the requirements of this subchapter “H” as they relate to the sexual offender.”
Even if the court order your removal from the registry in a lower court – the Commonwealth appeal fight on a stay of your order to be removed from the registry – even if you win in court the lower court. The Commonwealth will drag out the stay and not remove you until the appeal is final. Depending how high they go. In Muniz they went to the SCOTUS on Cert.
The King’s Bench cuts out the middle appeal courts and get you to the PASC in a 60 day process with a 90 day PSP cert to the SCOTUS a 150 day process in all.
Aske your lawyer about this please. Would hate to see you get disappointed if you win in court and are still on the registry and you are trying to understand why.
Re-read this and get a gooder understanding please. . . . . Brian I would never lead you wrong. ASK before you ACT. Your lawyer should tell you. Read to Him 42 Pa. C.S. 9799.15(a.2)(7)(9) and 42 Pa. C.S. 9799.23(b)(2) (2) and ask him, “What does this mean?” Let Him explain it to you. If you don’t get a good understanding ask Him if you win in court and the PSP appeal is your court win put on a stay until the PSP and you go to the next court, and will you have to pay more money for him to be your lawyer on that appeal? Then you will tell if you have a true and good lawyer………. I am Pro se but I am getting a good understanding of the hidden stuff in ACT 10 and ACT 29 and SORNA that is still good law that Muniz did not make go away.
Muniz only won us a prohibition of ex post facto application. The rest of SORNA is still good Law meaning 42 Pa. C.S. 9799.15(a.2)(7)(9) and 42 Pa. C.S. 9799.23(b)(2) (2) they did not expire when ACT 10 came or ACT 29. SORNA is still the sex offender law in Pa. and it applies to pre-and post SORNA people be watchful. 42 Pa. C.S. 9799.41 says which parts of former Megan’s Law’s Expired – none of SORNA expired only what Muniz decision of PASC deeded unconstitutional 19 July 2017. Not the whole law only the expost facto application of retroactive stuff that ACT 10 and ACT 29 brought back into law.