People of Michigan v. William Sim Spencer

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 4, 2013 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 145945 & (25) Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 145945 COA: 308103 Oakland CC: 2001-180525-FH WILLIAM SIM SPENCER, Defendant-Appellant.

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On order of the Court, the motion for immediate consideration is DENIED. The application for leave to appeal the September 21, 2012 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The later changes to the Sex Offenders Registration Act (SORA), MCL 28.721 et seq., did not render the defendant’s 2001 guilty plea involuntary. The proper means of obtaining relief, if any, for the retroactive application of new restraints on liberty imposed by the amendments to the SORA would be for the defendant to raise his ex post facto claims in a civil action for declaratory judgment on his release from prison.

VIVIANO, J., not participating.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 4, 2013 _________________________________________ h0225 Clerk