Blog Posts Tagged with Sex Offender Registration Act (SORA); Holmes Youthful Trainee Act (HYTA); Michigan sex offender registration; Due Process; Michigan Constitution; U.S. Constitution; second-degree criminal sexual conduct

Retroactive Application Of Sex Offender Registration Act Violated Defendant’s Due Process Rights

by: Matt Newburg

April 4, 2018 at 9:00 AM EDT

The Michigan Supreme Court has ruled that the state’s Sex Offender Registration Act (SORA) was unconstitutionally applied to a defendant who, at 19 years old, had pleaded guilty to sex offense under a state diversionary program.

 

The Supreme Court, in People v Temelkoski (Docket No. 150643), ordered that the Court of Appeals decision in the case be reversed, thereby reinstating the Wayne County Circuit Court ruling.

In so doing, the Supreme Court emphasized that, when prosecuting crimes, the...