People of Michigan v. Paul J Betts Jr ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
June 27, 2018 Stephen J. Markman,
Chief Justice
148981 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Plaintiff-Appellee, Justices
v SC: 148981
COA: 319642
Muskegon CC: 12-062665-FH
PAUL J. BETTS, JR.,
Defendant-Appellant.
____________________________________/
By order of May 25, 2018, this case was held in abeyance for People v Tucker
(Docket No. 152798) and People v Snyder (Docket No. 153696). 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
(2014), see also Does # 1-5 v Snyder, 834 F3d 696, 703-706 (CA 6, 2016), cert den sub
nom Snyder v John Does # 1-5, 138 S. Ct. 55 (Oct 2, 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, US 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).
2
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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 27, 2018
a0620
Clerk