I feel that I was born to challenge ACT 10 and ACT 29 at the core to destroy it at every angel.
If ex post facto is argued or the law will survive and allow ex post facto application if it is less restrictive in punishment elements, but if you attack the construction of ACT 10 and 29 you take down the ex post facto bs all in one blow. It is a gamble I have to take to get the court to do what courts do interrupt the law rightly.
If the Pa. Assembly made the mistake of expiring Megan’s Law instead of repealing it they would not be in this situation. Money greed states men caused this problem. The repeal of a law and expiration of a law are to things all together.
When you expire a law you give a pardon never to come back to take it back. When you do a repeal you can make a savings cause to reenstate the old law with it provisions like Megan’s Law. The Supper Court dealth with Derhammer and made a wrong move saying failure to compile in 4915.1 is not compile on Him so the Pa Assemble came up with 4915.2 and that was under ACT 178 of 2006 and the Court once again made a bold statement to say if we go with ACT 178 then Megan’s Law 2 applications of former Megan’s Law is expired as 42 Pa. C.S. 9799.41 says.
Derhammer case is the code breaker. The court don’t want to fill in the law for the Commonwealth, they interrupt law not make law. They way is is now is there is laws on 4915 failure to compile, but only one sex offender all in operation called SORNA. Sorna has been amended to revive former Megan’s Laws into operation. You cannot have two laws without the Pa Assembly voting that. It is impossible to vote that now. There is no SORNA 1 and SORNA 2. that would be two laws. No No No what is is not is just 1 SORNA given 12-20-12 and in 2018 this 1 SORNA was admended to add subchapter “I” to SORNA the same SORNA od 12-20-12. There is only one Sorna in this state or Commonwealth.
at 18 Pa. C.S. 4915 there is problems too. one law SORNA tow punishments at 4915.1 for subchapter “H” and 2915.2 for subchapter “I” of the same SORNA law. this is a stutory construction night mare that is only going to get worse because the court is sentencing people that they are going to have to set free when the can of appeal challenges hit hard.