Opinion
Docket No. 145945. COA No. 308103.
2013-03-4
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. William Sim SPENCER, Defendant–Appellant.
Order
On order of the Court, the motion for immediate consideration is DENIED. The application for leave to appeal the September 21, 2012 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The later changes to the Sex Offenders Registration Act (SORA), MCL 28.721 et seq. , did not render the defendant's 2001 guilty plea involuntary. The proper means of obtaining relief, if any, for the retroactive application of new restraints on liberty imposed by the amendments to the SORA would be for the defendant to raise his ex post facto claims in a civil action for declaratory judgment on his release from prison.