PA: Clarity on sex offenders: U.S. Supreme Court appeal needed for state ruling

The state Supreme Court has thrown into question the registration of as many as 4,500 sex offenders statewide. The case giving rise to the ruling originated in Cumberland County, and officials there have 90 days to appeal to the U.S. Supreme Court. They should file the appeal to gain clarity on two important questions: At what point are sex offenders unjustly punished and to what extent should communities be informed about potentially dangerous people in their midst? Full Editorial

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Williams won his appeal on Oct 4 2017. He was released on Oct 20 2017. Within the 30 day appeal for his case. The DA didnt file an appeal and he dropped the charges. And that proves there is no STAY.

Commonwealth v Williams

Overturned his failure to register his convictions!

He has been released.

http://www.mcall.com/news/police/mc-nws-pennsylvania-megans-law-sex-offender-registry-unconsitutional-20171024-story.html

I spoke with my attorney today, He represented A.S. In one of the cases that got the ball rolling against PA ML3 and AWA.

With the notoriety he received from A.S. He has amassed a number of RC cases. He has also had one on one conversations with the highest levels of the PSP and is in contact with Aaron Marcus who both colaberated on the Muniz defense.

His advice to be after we batted the conversation around a little bit was simple, “Wait”. I’m guessing he has read the cert by now or at least got the beats from Marcus. He made it clear that this petition is ridiculous and doesn’t rely on any real test the SCOTUS would take up. He also added the PSP knows what’s at risk and understands that if SCOTUS says no, people are coming off the site.

I trust Tony and he has been a friend to me and our cause. Take it for what it worth but he doesn’t expect any Judge to move on any mandamus petition until SCOTUS has its say, regardless of Stay or No Stay.

@paul2 – your logic is off here yet again.

My husband wants you to know Lifetime Pre Sorna Sex Offenders had to register AS A NON VIOLENT SEX OFFENDER, PER SEX OFFENDER ASSESSMENT BOARD, ONE TIME PER YEAR, HOUSE, CAR, JOB, SCHOOL. AND THAT WAS IT.

When SORNA forced him to register under a NEW CRIME CODE, Teir 3, he was forced to register, 4 TIMES PER YEAR, HOME, ALL CARS, SCHOOL, JOB, AND INTERNET INDENTIFIERS, LICENSES, CERTIFICATES, LICENSE PLATES, REGISTRATION DATES ON CARS, AND A WHOLE BUNCH OF OTHER THINGS, SUCH AS SCARS, ETC. And that is all added punishment by SORNA.

When Muniz was decided, it was decided as BLUNT AS THIS, ANY INCREASE IN TIME AND OR REQUIREMENTS is in violation of ex post facto. It dont matter if you were not on Megans Law, 10 year registraint, or Lifetime Pre Sorna, if you were convicted prior to SORNA with the crime that placed you on SORNA, you are due relief.

My husband like others are okay with the life time one time per year because he had a right in 25 years to petition off of Megans Law 3.

It is just awesome that there is no Megans Law 3 anymore for him to go back too.

@paul2 – why are you on SORNA, and why do you care do be devils advocate, are you a cop?

To leroy spann,

My husband has his lower court hearing on wednesday Feb 7 2018. He already had his petition in the court prior to cert being denied. Did the lower court give you a hard time after the Superior Court or Supreme Court back in November agreed with you that you dont need to register under SORNA.

What is my husbands hearing going to be like?

It is a enforce a plea hearing and combined with a habeas hearing.

Any input?

PA megan’s law question

what do i need to do to have my megan’s registration reverted back to my original 10 year registration period. i was placed on lifetime status on dec 2017 when the new law went into effect. conviction date was sept 2010. five years probation and 10 year registration along with mental health meetings which i have completed. is this something ii can file for relief by myself or do i need an attorney. or just wait till my 10 year period is up?

thanks for any input

james

Important – ACT 10 IS SUPPOSED TO ONLY ASK YOU FOR EVERYTHING ASKED OF YOU UNDER MEGANS LAW 2.

By Shaffer & Engle Law Offices, LLC on Sunday, March 4, 2018.

Megan’s Law V was enacted into law on February 21, 2018

By Attorney Elisabeth K.H. Pasqualini

Governor Wolf signed House Bill 631 into law, indexed as Act 10 of 2018. The registration and community notification provisions were made immediately effective. The intent of the law is to rectify SORNA in light of the PA Supremely Court decisions in Muniz (registration is punishment and cannot be applied ex post facto) and Butler (SVP determinations punishment). The Act, in essence, reverts acts that occurred between April 22, 1996 (Megan’s Law I) and December 20, 2012 (SORNA) to the prior registration provisions under Megan’s Law II. The Act is now a hybrid for registering offenders under the Tier System (SORNA) for acts that were committed on or after December 20, 2012 and pre-SORNA requirements that prescribes registration for some offenses at 10 years and others at life. Prior SVP registrants must still register under the hybrid.

Notably, there is a provision from Megan’s Law III (declared void an initio in 2013) that permits one to petition the court after 25 years to be released from the registration requirements. Also, only SVP’s must attend counseling on a monthly basis. There is no quarterly reporting requirements for non-SVP’s. Only annual reporting for sexual offenders.

Curiously, all the community notification requirements are still present. This includes internet notice of name, address, license plate, car make, model, year and color. It also includes GPS tracking. These are all items that the majority in Muniz railed against as “punishment.”

Is this site an active site to make comments on?