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People v. Fleck

Supreme Court of Michigan
Jan 31, 2022
SC 155523 (Mich. Jan. 31, 2022)

Opinion

SC 155523 COA 334563

01-31-2022

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. KERRY JOSEPH FLECK, Defendant-Appellant.


Oakland CC: 2014-249799-FH

Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices

ORDER

By order of July 3, 2018, the application for leave to appeal the February 2, 2017 order of the Court of Appeals was held in abeyance pending the decisions in People v Tucker (Docket No. 152798) and People v Snyder (Docket No. 153696). On order of the Court, Tucker having been dismissed on September 5, 2018, 503 Mich. 854 (2018), and Snyder having been decided on October 8, 2021, __Mich__ (2021), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the defendant's conviction for failure to comply with the Sex Offenders Registration Act, MCL 28.721 et seq. The retroactive application of 2011 PA 17 to the defendant, well after the 1998 offenses that required him to register, violates the federal and state constitutional prohibitions on ex post facto laws. People v Betts, 507 Mich. 527 (2021) (Docket No. 148981). We REMAND this case to the Oakland Circuit Court for further proceedings consistent with Betts.


Summaries of

People v. Fleck

Supreme Court of Michigan
Jan 31, 2022
SC 155523 (Mich. Jan. 31, 2022)
Case details for

People v. Fleck

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. KERRY JOSEPH…

Court:Supreme Court of Michigan

Date published: Jan 31, 2022

Citations

SC 155523 (Mich. Jan. 31, 2022)