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
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. š
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 Floridaās 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 wouldnāt trust him. Crazy I donāt have a home in my political views and lately I believe our country is out of itās 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.
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. š¦ Or maybe run down grizzlies on foot, then heat them to death with your fists! š» š¤£š¤£š¤£
*beat them
Not considered a Keystone Species
So… ammended requirements…such as changing one’s ability to travel…?
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)
Okay, so for clarification, was the Judge Cleland case the one in federal court??
Yes
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.
Re: whether ex-post facto may apply, some judges/courts consider the date of the “criminal act” and some consider the date of conviction. I find this frustrating, since the date of the act and the date of a final conviction can be years apart, as in my case. I believe it’s only proper to consider the date of the act (or alleged act, in my case, since adjudication was withheld) when imposing a sentence and its resulting collateral consequences (like the registry). Off topic side note: I just got summoned for jury duty. I’m sure the court will immediately dismiss me during a voir-dire since I’m a PFR.
RayO:
With Ex Post Facto, it’s the date of the act or the final act for ongoing offenses.
I can’t think of a cite at the moment, but longstanding jurisprudence is that the date of offense controls the penalty to impose, specifically because of ex post facto. They’ve been getting around it registry-wise because of the (ludicrous) claims that it isn’t punitive.
Dustin
So the Rapper Ludicrous is to blame? Dang I am not watching anymore of his movies just for that LOL :)~
It’s the date released by the State “aka probation complete”
The good thing the way it is worded is that it appears that out of state registrants will also be removed or receive a date certain for removal and won’t have to resort to an argument such as Hope v IDOC.
Jeanice Dagher-Margosian and SADO staff did an excellent job in this case. Unfortunately, SADO cannot answer questions from individual registrants. Fortunately, Michigan has an experienced attorney that is trying to become the go to attorney for sex crimes and registration. Her name is Nicole Blank and she can be reached at 248-515-6583.
I will post more when I get time.
Here I got out of bed at 3 AM to tell you bunch of guys and gals that Jesus Loves you. Sure try sleeping in jail. Course Otis Campbell would have no problem. Seems like this registry is playing on everyone even after prison or still on probation, leg monitoring or whatever. Yes many are still going thru it and it seems to be dragging some down or does one just like to blogue to “Express Yourself” or who loves a mystery.
Sure some of you all may be a loyalist to the BOP….Bevolent order of Police or some order or is it some type of capaity or this tenacity. Wow a law and order wrapped up in a spelling Bee. One guy says its all about computer data, another says its about old laws of a John Doe vs Jazon Doe so who is the Freddy Krueger of this jury nightmare?
Should we all open our bibles to find the answer or play some guessing game? Krueger was fictitous, John and Jason were Does so were’s the flaw. In man? In Women? or in Human behavior in the form of a Riot as we just saw, or some 911, or this internet sluge. I myself really don’t know what one is looking for in this double jeopardy.
One can either make peace, be a peacemaker, play the peace officer game, or play their Trump Card… oops I slipped on that banana peel. And you all are right. So who’s going to prove them..(authorities) right or wrong. You, they, or we, or is this some new wave of the english language today or who is dying their hair pink today or whatever color in Florida, Michigan, VA, CA or whatever state or do we look for a judge with a nose ring or a judge that says thats no way to dress in a courtroom
One has to wonder who’s keeping the faith today or judging wrongly with some jive talk on everyone in much of this registry? So who is walking in this real life challenge for answers when its all right in the bible. From good kings to bad even the lady caught in adultry. Scams and understanding as in provebs, Damacus Road as in Paul and even light as in the Christ child. And also judgment or who is the innocent man?
Saddles
Acts 18:1-22 And the Lord said to Paul in the night by a vision, Do not be afraid any longer, but go on speaking and do not be silent; for I am with you, and no man will attack you in order to harm you, for I have many people in this city.
Sorry OOPS
Acts 18:9-10
Well first things firstā¦..put your bible away. Separation of church and state too often grossly ignored . In this country not everyone buys the ā praise the lord and pass the ammunitionā way of life. Cherry picking the Bible (that has been rewritten countless times by men) for quotes to fuel self righteousness has no place in rational law making. Save it for Sunday when the courts are closed respectively.
I’ve been saying for years that every legislature in the country has legislated out every characteristic the USSC laid out in Smith v. Doe that led them to rule the registry non-punitive. Even back then, the ruling defied common sense – by definition, a penalty is a restriction or obligation imposed as a consequence of an offense. Lord knows there are plenty of both.
Smith v. Doe doesn’t need to be overturned. It’s obsolete. Courts need simply to apply the same analysis to the current registry scheme in each state and will come to the same conclusion, if they’re honest about it.
At some point the arguments used against the ex post facto application of registry laws should be directed at bills of attainder, which are mentioned in the same sentence of the constitution (Article I, Section 9, paragraph 3 provides that: “No Bill of Attainder or ex post facto Law will be passed.”)
Unlike ex post facto laws, bills of attainder are not predicated on any time frame, but merely prohibit punishment without due process. The key to both is the question of whether punishment is being applied extra-judicially. I defy anyone to find a sex offense statute that lists registration as part of the punishment. Statutes do require adequate notice. States and the feds have essentially considered Smith v. Doe as carte blanche to administratively apply any restrictions they choose. Recently, courts seem to be creating cracks in the punishment wall in these ex post facto cases.
However, as Janice Bellucci of ACSOL points out, timing is everything. A premature attempt to abolish the registry as a bill of attainder could result in a long-lasting negative decision as in Smith. To quote Porky Pig; “We must be vewy, vewy careful, hu, hu, hu, hu.”
Veritas.
Oops, Elmer Fudd.
In 2002 in Florida when released by the State, restoration of voting rights read, 15 years no Arrest voting rights automatically restored. No Arrest still cant Vote!, So I have to comply with authority thats unjustified, while Im forced to comply. This system is rigged, and I’m tired of playing. Further, what other group of Offenders would comply to such Crap. Just because of the word sex, allows the State to walk all over me and forced me to be stuck in one place with a near impossibility of movement or mobility, im sick of it
Again, can I move to Michigan now?
Just this morning in Florida, my family was harassed by a Broward County detective and two other deputies wanting to know my whereabouts after midnight last night. Obviously, my day was crushed. Thank God that my wife was home to defend me as she is tired of the BS too. The detective had the balls to tell my wife we should move if we didn’t like the way the BSO handles the task of monitoring of RSOs. She also half admitted that something involving a RSO may or may not have gone down in our city. Apparently, someone (rso or not, i don’t know) was caught on camera in a neighborhood several miles from our home and tried to “sexually batter” a 7 year old and tried to break into several homes. My registry has nothing to do with a minor, but this detective thought she should waste time with me and my family. Heck, I was never even convicted of an offense against and adult, yet I am still forced to register. I am so angry that I can’t see straight! Link to news story if it is allowed.
https://wsvn.com/news/local/broward/bso-man-seen-prowling-cooper-city-neighborhood-tried-to-sexually-batter-7-year-old/
Thanks for letting me share.
Gene
If you are not on probation, other than your normal compliance checks, you are not obligated to come to the door. Many on here state they do not answer even for those. Even Though I partially agree, my Officer is cool and only comes 1 and sometimes 2 times a year then I do not see him again. He never harasses me and always gets to the point, tells me to make sure to not miss my registration and is on his way. (You have to do what you feel is best for you and your family) I use to be a cop so I can tell a fake cop a mile away.
I get more crap from the neighbors than I do the police. And no do not blame the police for that since it was the law makers who created registry rules. But in your case, law enforcement is taking things into their own hands. Florida has a bunch of sheriff’s who, I am glad are tough on crime, BUT why go after people who are NO longer committing a crime and may not have done so in over 30 years like myself and others.
Now take what I said as a grain of salt. If you do not answer the door, they are likely to step it up a notch (Quoting a chef). Ultimately you and your family has to do what is right for them. That is why I am grateful for groups like FAC and Narsol for bringing us all together to stand up to the bullies.