Source: Florida Action Committee 3/27/25
This is big news:
U.S. District Court for the Eastern District of Michigan ruled the state can’t enforce the entirety of its 2021 version of the law against offenders who committed their crimes before July 1, 2011.
And the Court found that the registry is punishment!
Read the decision and more on FAC’s website
I read the section where it refers to registration of non Michigan convictions. It said that the SORNA can not be implemented on out of state convictions. So I guess essentially you can move to Michigan after being removed from Ca. And they cannot compel you to re register as it is in many other states. Am I reading that correctly?
Janice if you could chime in with your legal mind. That is if you aren’t too busy cruising around the country collecting donations……….(😎)
Too bad this was not published before the WDC vigil. Would’ve been nice to leave a copy at the SCOTUS front desk addressed to CJ Roberts for his reading leisure (or maybe copies to all the justices to read this summer).
And as I read it, it is a shame the individual assessment for Tier III is not going to be a requirement. Given that, those in MI need to push for 17 years in Tier III per Static-99R author given beyond that the gov’t interest is moot given the science (which we are all supposed to follow).
Praise God!!!!!!!!!!!!!!!
This is wonderful news!
The registry is crumbling!!
As Good as this news is, I’m not going to hold my breath, I’ll believe it once my name is removed. We have been screwed by the State to many times. Those of us that are pre-2011 or those of us that were convicted before a registry ever existed have been through this time and time again. Those of us that are pre-2011 should be removed from the registry ASAP no questions asked, but we won’t, so again the State will screw us again and we will have to start all over again. I sincerely hope that this is going to happen and we will finally be removed but will see. Thank you though to the ACLU and everyone else who was involved especially Judge Goldsmith for doing the right thing.
Wow. Declaring the Registry “Punishment” is the holy grail, one would think. I hope that ex post facto relief will someday include people who always had to register but were legislatively bounced into a higher tier — and their personal info made public for the first time — decades later.
The real important part of this is the “registry is punishment, and thus can’t be imposed ex post facto” part. That was already decided with the last Does decision, but somehow that only translated to removal of extra burdens, but not the registry itself being applied ex post facto. This is certainly a big win for people who have been on for over 25 years and were only expecting 25, or nothing at all, when they were originally sentenced. It’s also a big win for the rest of us in this federal district, because it puts a strong cap on how much states (and the federal government) can impose new requirements / registration durations on us. It’s nice to know that, just because political winds change, or the media gets obsessed with sordid case of a PFR harming a child, that legislators can’t just heap more punishment on us. It’s a pretty big win for everyone else too, because this is important precedent that should affect court cases around the country (eventually).
That said, it sure would be nice if there was more in it. Goldsmith basically says that requiring registering phone numbers, vehicles, and work places is fine, and that individualized assessment isn’t required and the state can put you on as long as they want–as long as it’s not ex post facto. That’s not going to break the registry–it’s literally upholding it.
Very good to see this!
Janice: If you could please comment: is it true that the “punishment” determination effectively extends “due process” rights to those ordered to register in Michigan? If so, why or why not? If yes, what are the practical effects of being allowed due process rights when challenging various aspects of the registration scheme? Can you perhaps provide an example in which a person may exercise their “due process rights”? Thanks
So, for the next 30 days everybody has to wait to see if the state is going to appeal this to the Sixth Circuit Court of Appeals.
Although I have been following this, I haven’t been following it by district. I know this is the Eastern District that encompasses Detroit, so was the Western District involved prior?
So, if the legislature rewrites it we start all over again?
If the state appeals and loses its appeals, do they still get 90 days from when they lose?
I am pre 2011 and I just searched for myself on the registry and my name is not there.
I was curious. This has not been addressed. People who moved out of the State of Michigan are they still part of the litigation or would they not be because of moving to another State and now are subject to that State’s registry laws? Here is where I have a difficult time. If you committed a crime in one State would your obligation be to that particular State since your offense was in that State? Could someone maybe elaborateon this.
***Punitive ! Punishment !*** A clear Violation of the US Constitution. They should be forced to pay all the People they Violated their rights and retroactily applied this type of punitive punishment on for years and years. I hope civil rights Lawyers line Up for a shot at the stacks of money too be made from this type of violation. The State has gotten away with punishing citizens for years expost facto when it states clearly in the US constitution only a Judge or Jury can apply punishment in this Country to a Citizen, Not a Currupt Politician or Governor/Attorney General who have gotten away with this for years knowing and being told by many Courts its Punitive & Punishment.
Shame on you Michigan !
Free the People You Have Wronged !
*Corrupt* Sorry its Late !
Anyone Hear anything from ACLU Yet? Awful Quiet . 🐭
The state can still file a motion to amend within 90 days from march 26. It’s up to the judge as to whether or not to approve it. If approved the state has 30 days to enact. This is gonna be good. I’m getting the popcorn
@Michigan – just received an email from the ACLU. Hate to say I was right, but I was right… 90 days is the timeline before anything will happen potentially.
Not entirely surprised. Just hope that a stay is not granted.
The decision will not take effect right away. The Court has given the legislature 90 days to pass a new law, and the judgment provides for further extensions if there is new legislation. In addition, we expect that the state will appeal to the U.S. Sixth Circuit Court of Appeals on some claims and will seek a stay while the case is on appeal. If a stay is granted, the parts of the judgment that are stayed won’t go into effect until the appeals are decided. That could take several years.