People of Michigan v. Paul J Betts Jr

By order of May 25, 2018, this case was held in abeyance for People v. Tucker (Docket No. 152798), --- Mich. ----, 911 N.W.2d 466 (2018) and People v. Snyder (Docket No. 153696), --- Mich. ----, 911 N.W.2d 467 (2018). On the Court's own motion, we VACATE our abeyance order of May 25, 2018. The application for leave to appeal the February 27, 2014 order of the Court of Appeals is again considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).

The appellant shall file a supplemental brief within 42 days of the date of this order, addressing: (1) whether the requirements of the Sex Offenders Registration Act (SORA), MCL 28.721 et seq ., amount to "punishment," see People v. Earl , 495 Mich. 33 , 845 N.W.2d 721 (2014), see also Does # 1-5 v. Snyder , 834 F.3d 696 , 703-706 (C.A. 6, 2016), cert. den. sub nom. Snyder v. John Does # 1-5 , --- U.S. ----, 138 S.Ct. 55 , 199 L.Ed.2d 18 (2017) ; and (2) whether the defendant's conviction pursuant to MCL 28.729 for failure to register under SORA is an ex post facto punishment, where the registry has been made public, and other requirements enacted, only after the defendant committed the listed offense that required him to register, U.S. Const., art. I, § 10; Const. 1963, art. 1, § 10. In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.

We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in People v. Tucker (Docket No. 152798) and People v. Snyder (Docket No. 153696).

The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.