MI: News from Michigan – New SORA NOT Retroactive.
Hot off the press is the following Order from the US District Court from the Eastern District of Michigan.
Michigan – Final Order 06212021
While it’ll take a few readings to understand and be able to explain the full impact of the order, we didn’t want to delay distribution of this information.
At first blush it seems to be good news, as the court concluded that the new version of Michigan’s SORA cannot apply retroactively to people whose offenses predated March 24, 2021.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
Many thanks to Gerald for being the first to come through with the excellent Final Order, and for generally staying on top of this and making sense of it all.
Agreed!
Thank you for the compliments Jacob and FAC. However, I’m afraid that the Judge did still leave some vagueness for us to worry about. If he declared the old law null and void, shouldn’t he have also ordered every name on the old registry created by the old law stricken from the registry? That would have made his Ruling completely unambiguous. I will keep praying for common sense to prevail over these scarlet letter laws.
My interpretation of the order, is after Aug 25, we should have a letter from MSP letting us to know how to proceed. The unconstitutional issues could Not be separated, so 06 & 11 admdmts are done.
Yes, Fred. In fact, the Judge threw out the ENTIRE old law prior to 2021. However, even though his prior response to the motion asking him to issue a final ruling in the case said that the new SORA couldn’t be applied retroactively, he seems to have backed off of that stance in the final judgment, because the new law hasn’t been challenged in the lower courts yet. Takes years for such an appeal to reach the federal court again. And there is plenty of objectionable stuff in the new SORA. We can’t hold the Judge to what he said about it not being retroactive earlier, because that was merely a response to a motion, not a ruling issued in the case that would carry the force of law. Apparently, that would still place people on the registry who committed their crimes before a registry even existed. It will be interesting to see what the state comes up with, but I am not going to get overly hopeful. The main thrust of the new law was that it did get rid of school exclusion zones, but it still treats us like moral lepers.
Thanks Gerald. Reread the order. Tired of it all. Interpreted what I wanted to, not actually what was there. Hopefully the final order instills a resolve from the state. Again, wishful thinking. Not sure if any pressure could be applied to the state.
Been on hit list since 07. Tier3. The state is like Lucy promising not to pull the football away from charlie brown. Every damn time. Sorry for the dated analogy. I’m done playing football.
I was convicted in 1992, before there was a registry and still got out on it. My original 25 years was up last year 6-19-2020. Guess what still on it.
Bobby S, if I’m not mistaken, one of the original plaintiffs in Roes v Snyder was also convicted of a crime that occurred before existence of Michigan’s registry law. It will be interesting to find out if that person gets removed from the registry. The biggest problem is that the Judge refused to be definitive in his final ruling. Saying that we can still be subject to the new law is like saying that the concept banning retroactive punishment means nothing. He should have taken his statement in a prior Motion ruling that the new SORA can’t be applied retroactively, and included it in his final ruling on the case. The Judge did order names and addresses of all of the class members, including you and me, disclosed to the plaintiff’s lawyers and ACLU so that they can personally notify us, but what if their notification differs from what the State Police sends us? I have a strong feeling that the new SORA is going to end up back in the courts very quickly.
Judge Cleland’s final ruling has been published.
https://www.mied.uscourts.gov/PDFFIles/16-13137DoesFinalJmt.pdf
Looks mighty good to me!
Who is Saddles from now on I will use my real name which is James and yes I want to thank Cherokee and Brandon for standing up for me a bit. See its standing up the right way makes all the difference. Myself I look at this whole registry in a biblical prospective. Yes I have had friends that have came out of Prison on stupid things such as non support of slapping their spouse in the face, possession or moonshine, figure that one out or other issues. Use to drink with them but this issue we are all in is a bit different. Sure that was years ago but holding someone after prison in these ordeals is a bit overkill.
Sure being in compliance is good if one can comply in the proper manner. Controlling factors are a bit inhuman and bias. Understanding this whole registry is bad enough. And as FAC said one can file a complaint. Even this site or forum has compliance rules. I believe some President once said their is nothing to Fear but Fear itself and that was the a few years before Pearl Harbor. They even let my uncle and his friend out of prison for stealing a car to fight the war. Sure a lot of things are different today. Is this registry wrong… Yes in many ways and means.
Saddles
Do not let anyone force you to leave. If you leave, it should be your decision. Sometime adults can act like children (Including myself, I have always been a big kid but that is what keeps me from going insane).