Opinion
SC: 154384 COA: 333652
01-31-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Noel Marcial HADLEY, Defendant-Appellant.
Order
By order of September 12, 2018, the application for leave to appeal the August 8, 2016 order of the Court of Appeals was held in abeyance pending the decisions in People v. Betts, 873 N.W.2d 553 (Mich. 2016) and People v. Snyder, ––– Mich. ––––, 964 N.W.2d 594 (Mich. 2021). On order of the Court, Betts having been decided on July 27, 2021, 507 Mich. 527 (2021), and Snyder having been decided on October 8, 2021, ––– Mich. ––––, 964 N.W.2d 594 (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 2005 offenses that required him to register, violates the federal and state constitutional prohibitions on ex post facto laws. Betts , supra. We REMAND this case to the Shiawassee 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.