Opinion
SC: 160099 COA: 347883
02-02-2022
Order
On order of the Court, the application for leave to appeal the June 20, 2019 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the February 11, 2019 order of the Wayne Circuit Court denying the defendant's petition for removal from the sex offender registry under MCL 28.721 et seq. The retroactive application of 2011 PA 17 to the defendant, well after the 1996 conviction that required him to register, violates the federal and state constitutional prohibitions on ex post facto laws. People v. Betts , 507 Mich. 527, 968 N.W.2d 497 (2021). We REMAND this case to the Wayne Circuit Court for further proceedings consistent with Betts . 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.
Zahra, J., did not participate due to a familial relationship with counsel of record.