MI: State Supreme Court finds Michigan Registration Act Violates Ex Post Facto
I know what you’re thinking… This is GREAT news, but wasn’t the retroactive application of Michigan’s sex offender law already declared unconstitutional. Well yes… you’re thinking of the incredible Does v. Snyder case in the 6th Circuit FEDERAL appellate court (the state tried to take it to the US Supreme Court but they declined to hear it). This decision comes from the STATE supreme court, which held:
“…the 2011 SORA, when applied to registrants whose criminal acts predated the enactment of the 2011 SORA amendments, violates the constitutional prohibition on ex post facto laws.”
In this case, someone whose offense date was decades prior to the enactment of certain amendments in 2011, could not be convicted of violating those amended requirements.
The order is immensely helpful because it begins with an analysis of the evolution of Michigan’s Registry. Like Florida (even not as bad as Florida), Michigan’s registry requirements are exponentially more onerous than they were when the statute was enacted.
Most states use 2003’s Smith v. Doe as justification for piling as many additional requirements to the registry as they want, and call it “non-punitive”. But they are missing a very important point that some courts are beginning to get. The SCOTUS held the 2003 VERSION of Alaska’s registry was non-punitive. That DOES NOT mean that the 2021 VERSION of Florida’s registry is not punitive. That’s an important distinction!
While the Michigan Supreme Court is only binding on Michigan, it’s certainly useful persuasive precedent.
You can read the decision here: https://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/20-21%20Term%20Opinions/148981.pdf
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As we can see after reading it, looks like they are leaving the specifics to Federal Judge Cleland in his soon to come, hopefully, final ruling in the case. At least the Michigan Court is finally conceding that the constitutional prohibition against ex post facto laws is an important principle to adhere to. I also noted that the Michigan Court felt that the 2011 amendments couldn’t simply be fixed by cutting things out here and there. Still looking forward to Judge Cleland’s final ruling.
Okay, so for clarification, was the Judge Cleland case the one in federal court??
Yes
So, If someone with a Crime from 2003 in Florida Moved to Michigan tomorrow, Would they be “Required To Register” ?!?!?!?. If so, Were packing up the RV and will be GONE FROM THIS NASTY EVIL STATE IN 60 DAYS OR LESS !!!!!. Can someone with FACTS AND PROOF please explain what moving from Florida to Michigan now would require/do for us ???. Thanks. And thank you for sharing this info. F.A.C. really is a God Send !!!.
Far too early to advise anyone to move to Michigan because of changes in SORA. All depends on what the final federal judgment says. Even then the parties still have the option to appeal to the US Supreme Court one last time. And winters are horrible up here. Also remember that a resident of Florida on the registry needs to comply with that state’s rules regarding moving permanently to another state. I suspect that they can prosecute you if you don’t supply a new address where you move to. Don’t make any rash decisions until it’s all settled and in writing. Don’t let yourself get caught up in anything by relying on unsubstantiated rumors either. Your freedom is too important.
My first move to Michigan would be to a hotel for only a few days. Let Florida keep that hotel address in its records forever.
Gerald
Just a shame most people’s solution is to move away. I was not born in Florida but I will stay here and see this through. They are not running me out of my freedom to exist. That is what they want, for us to move somewhere else and be someone else’s problem. I am going to stay and fight (With whatever limited resources I have at my disposal)
So… ammended requirements…such as changing one’s ability to travel…?
I feel that anytime a court sides with sensibility, keeping in mind core values that all people in this country should be afforded, it is good. My original charge is out of Florida, I live in Indiana for now. I have a situation now with them changing my status from offender there to predator here. So, grass is not always greener. But each step forward whether in this state or another it’s a step to sensible fair laws.
At least go big- “Apex Predator” sounds like you swim in the Pacific and kill great whites with you teeth and bare hands. 🦈 Or maybe run down grizzlies on foot, then heat them to death with your fists! 🐻 🤣🤣🤣
*beat them
Not considered a Keystone Species
Will this case be used in our fight against Florida’s registry?
Good luck with that. Florida does what it wants and no one seems willing to rule against them. 😒
David
I was going to type something but you took the words right out of my mouth.
Do not want to make things political but the Governor we have now in Florida thinks HE is the Supreme court incarnate.
I heard Florida’s Governor Desantis might run for President in 2024 and is popular with Republicans. As a former resident of a very Conservative state and a conservative I wouldn’t trust him. Crazy I don’t have a home in my political views and lately I believe our country is out of it’s mind.
Bob, Michigan court decisions do not apply to Florida, and Florida is NOT bound by any decisions here, BUT, attorneys in Florida can bring this decision into court there as advisement only. The Florida court can decide for themselves whether or not they want to consider our ruling, but they are under no obligation to do so.
The only court rulings Florida is bound by are decisions in that district, and US Supreme Court decisions.