Does v. Snyder, 834 F.3d 696 (6th Circuit 2016)
Nature of Case: Federal civil rights challenge by people required to register in Michigan. Plaintiffs brought suit challenging constitutionality of Michigan’s SORA on numerous grounds, including that recent amendments restricting where they may live, work, and ‘loiter’ constituted retrospective punishments.
Holding: Sixth Circuit Court of Appeals, in a stinging opinion, questioned continued viability of Smith v. Doe in light of amendments and lack of evidentiary support regarding recidivism rates and salutory effect of registration. Concluded that the amendments constituted punishment, and could not be applied retroactively. Since the challenged provisions could not be applied to the plaintiffs on ex post facto grounds, the Court did not address their other claims.
- 6th Circuit Opinion | view via Google Scholar
- Petition for Writ of Certiorari
- Brief Opposing Certiorari
- Reply Brief of Petitioners
- Supplemental Brief
- Amicus Curiae Brief – United States of America
- Order Denying Cert