Order Michigan Supreme Court
Lansing, Michigan
May 25, 2018 Stephen J. Markman,
Chief Justice
152798 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder
Plaintiff-Appellee, Elizabeth T. Clement,
Justices
v SC: 152798
COA: 322151
Oakland CC: 2012-242851-FH
ANTHONY GESTAIL TUCKER,
Defendant-Appellant.
_________________________________________/
By order of September 27, 2016, the application for leave to appeal the October
15, 2015 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Temelkoski (Docket No. 150643). On order of the Court, the case having been
decided on January 24, 2018, 501 Mich ___ (2018), the application is again considered,
and it is GRANTED. The parties shall include among the issues to be briefed: (1)
whether the requirements of the Sex Offenders Registration Act (SORA), MCL 28.721 et
seq., amount to “punishment,” see People v Earl, 495 Mich 33 (2014), see also Does
# 1-5 v Snyder, 834 F3d 696, 703-706 (CA 6, 2016), cert den sub nom Snyder v John
Does # 1-5, 138 S Ct 55 (Oct 2, 2017); (2) whether requiring the defendant to register
under SORA is an ex post facto punishment, where the registry has been made public,
and other requirements enacted, only after the defendant committed the listed offense that
required registration under MCL 28.723(1)(e), US Const, art I, § 10; Const 1963, art 1, §
10; and (3) whether it is cruel and/or unusual punishment to require the defendant to
register under SORA, US Const, Am VIII; Const 1963, art 1, § 16.
We direct the Clerk to schedule the oral argument in this case for the same future
session of the Court when it will hear oral argument in People v Snyder (Docket No.
153696).
The Criminal Defense Attorneys of Michigan, the Prosecuting Attorneys
Association of Michigan, and the American Civil Liberties Union of Michigan are invited
to file briefs amicus curiae. Other persons or groups interested in the determination of
the issues presented in this case may move the Court for permission to file briefs amicus
curiae.
I, Larry S. Royster, 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.
May 25, 2018
s0516
Clerk