PEOPLE v. BETTS

Docket No. 148981 Calendar No. 1.

968 N.W.2d 497 (2021)

507 Mich. 527

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Paul J. BETTS, Jr., Defendant-Appellant.

Supreme Court of Michigan.

Decided July 27, 2021.


Attorney(s) appearing for the Case

D. J. Hilson , Prosecuting Attorney, and Charles F. Justian , Chief Appellate Attorney, for the people.

State Appellate Defender (by Michael L. Mittlestat , Jessica Zimbelman , and Sofia Nelson ) for defendant.

Miriam J. Aukerman , Michael J. Steinberg , Monica Andrade , and Daniel S. Korobkin for the American Civil Liberties Union Fund of Michigan, amicus curiae.

Michigan Appellate Assigned Counsel System (by Bradley R. Hall ) and Warner Norcross ÷ Judd LLP (by Gaëtan Gerville-Réache , Grand Rapids, Nicole A. Samuel , Ashley G. Chrysler , Grand Rapids, and Adam D. Bruski , Midland) for the Criminal Defense Attorneys of Michigan, amicus curiae.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Ann M. Sherman , Deputy Solicitor General, for the Attorney General, amicus curiae.

Keith Kushion , Gratiot County Prosecutor, B. Eric Restuccia , Deputy Solicitor General, and Joseph T. Froehlich and Jessica Mullen , Assistant Attorneys General, for the Gratiot County Prosecutor, amicus curiae.

Kimberly A. Thomas for law professors in support of defendant, amicus curiae.

Paul D. Reingold for Safe & Just Michigan, the Michigan Chapter of the National Association of Social Workers, the Michigan Youth Justice Center, the Northwest Initiative, the Professional Advisory Board to the Coalition for a Useful Registry, and the Michigan Collaborative to End Mass Incarceration, amici curiae.

BEFORE THE ENTIRE BENCH (except Welch, J.)


OPINION

We are asked to decide whether the retroactive application of Michigan's Sex Offenders Registration Act (SORA), MCL 28.721 et seq., as amended by 2011 PA 17 and 18 (the 2011 SORA), violates state and federal constitutional prohibitions on ex post facto laws....

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