People of Michigan v. David Allen Snyder

911 N.W.2d 466

• Court: Michigan Supreme Court
• Decided: May 25, 2018
• Docket: 153696
• Status: Published

Opinion

By order of September 27, 2016, the application for leave to appeal the October 15, 2015 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Temelkoski (Docket No. 150643). On order of the Court, the case having been decided on January 24, 2018, 501 Mich. 960 , 905 N.W.2d 593 (2018), the application is again considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether the requirements of the Sex Offenders Registration Act (SORA), MCL 28.721 et seq ., amount to "punishment," see People v. Earl , 495 Mich. 33 , 845 N.W.2d 721 (2014), see also Does # 1-5 v. Snyder , 834 F.3d 696 , 703-706 (C.A. 6, 2016), cert. den. sub nom. Snyder v. John Does # 1-5 , --- U.S. ----, 138 S.Ct. 55 , 199 L.Ed.2d 18 (2017) ; (2) whether requiring the defendant to register under SORA is an ex post facto punishment, where the registry has been made public, and other requirements enacted, only after the defendant committed the listed offense that required registration under MCL 28.723(1)(e), U.S. Const., art. I, § 10; Const. 1963, art. 1, § 10 ; and (3) whether it is cruel and/or unusual punishment to require the defendant to register under SORA, U.S. Const., Am. VIII ; Const. 1963, art. 1, § 16.

We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in People v. Snyder (Docket No. 153696).

The Criminal Defense Attorneys of Michigan, the Prosecuting Attorneys Association of Michigan, and the American Civil Liberties Union of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.