Order Michigan Supreme Court
Lansing, Michigan
March 4, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
145945 & (25) Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 145945
COA: 308103
Oakland CC: 2001-180525-FH
WILLIAM SIM SPENCER,
Defendant-Appellant.
_________________________________________/
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.
VIVIANO, J., not participating.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 4, 2013 _________________________________________
h0225 Clerk