Opinion
SC: 158825 COA: 336848
10-08-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jocque NOLAN, Defendant-Appellant.
Order
On order of the Court, the motion for permission to file a second pro per supplement is GRANTED. By order of July 29, 2019, the application for leave to appeal the October 16, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Betts (Docket No. 148981). The case having been decided on July 27, 2021, ––– Mich. ––––, ––– N.W.2d ––––, 2021 WL 3161828 (2021), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and VACATE the defendant's convictions 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 2004 conviction 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 trial court for further proceedings consistent with Betts.