Opinion
SC: 155187 COA: 333262
01-31-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Cadence Michael POHLY, Defendant-Appellant.
Order
By order of July 27, 2018, the application for leave to appeal the October 14, 2016 order of the Court of Appeals was held in abeyance pending the decisions in People v. Tucker and People v. Snyder . On order of the Court, Tucker having been dismissed on September 5, 2018, 503 Mich. 854, 916 N.W.2d 487 (2018), and Snyder having been decided on October 8, 2021, ––– Mich. ––––, 964 N.W.2d 594 (2021), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE in part the May 2, 2016 order of the Ottawa Circuit Court denying the defendant's motion for relief from judgment insofar as it requested his removal from the sex offender registry under MCL 28.721 et seq. The retroactive application of 2011 PA 17 to the defendant, well after the 2004 offense that required him to register, violates the federal and state constitutional prohibitions on ex post facto laws. People v. Betts , 507 Mich. 527, 968 N.W.2d 497 (2021). We REMAND this case to the trial court for further proceedings consistent with Betts . In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).