Order Michigan Supreme Court
Lansing, Michigan
October 24, 2011 Robert P. Young, Jr.,
Chief Justice
141340 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 141340
COA: 296712
Jackson CC: 10-000382-AR
LARRY RANDALL BELL,
Defendant-Appellee.
_________________________________________/
By order of September 27, 2010, the application for leave to appeal the May 10,
2010 order of the Court of Appeals was held in abeyance pending the decision in People
v Dowdy (Docket No. 140603). On order of the Court, the case having been decided on
July 11, 2011, 489 Mich 373 (2011), the application is again considered and, pursuant to
MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the district court
order dismissing the charges. Even if the defendant was homeless, he was obligated to
advise law enforcement officers within 10 days after he changed or vacated his
previously registered residence or domicile. Dowdy, supra at 381. Homelessness does
not prevent a sex offender from complying with the notification obligation pursuant to
MCL 28.725(1) because every person must have a legal domicile or, for practical
purposes, because the Michigan State Police has promulgated an order to accommodate
homeless sex offenders for the purposes of registration. Dowdy, supra at 386-387. The
trial court therefore erred in concluding that the homeless defendant was not statutorily
mandated to register “something.” We REMAND this case to the 12th District Court for
reinstatement of the charges against the defendant and for further proceedings consistent
with this order.
CAVANAGH, J., would grant leave to appeal.
MARILYN KELLY, J., would grant leave to appeal to reconsider People v Dowdy,
489 Mich 373 (2011).
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.
October 24, 2011 _________________________________________
t1017 Clerk