Opinion
SC: 164417 COA: 353827
09-06-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Andrew Michael SWOFFER-SAULS, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the March 24, 2022 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration of the defendant's argument that the imposition of lifetime registration as a sex offender violates the state prohibition on cruel or unusual punishment under Const. 1963, art. 1, § 16, or the federal prohibition on cruel and unusual punishment under U.S. Const., Am. VIII. This argument was raised by the defendant in the Court of Appeals but not decided by that court in its opinion. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.