People v. Betts (Mich. 2021)

People v. Betts, No. 148981 (Mich. 2021)

Nature of Case: Appellant was convicted of a sex offense prior to the enactment of Michigan’s SORA, and was subsequently required to register upon its passage. Thereafter, he was arrested for failing to register and sought to dismiss the crime on the basis that the retroactive application of SORA violated the ex post facto prohibitions of the federal and state constitutions. The trial court denied the motion and allowed the Appellant to enter a no contest plea conditional on his appeal of the trial court’s decision. The Michigan Court of Appeals denied leave to appeal, but leave to appeal was granted by the Michigan Supreme Court.

Holding: The Michigan Supreme Court held that the 2011 version of Michigan’s SORA  violate the prohibitions against ex post facto punishments, and that the unconstitutional aspects of the law cannot be severed from the remainder of the statute. The Court directed that the Appellant’s conviction be vacated and that the case be remanded for further proceedings.