No. 19-5842

William Sim Spencer v. Michigan

Lower Court: Michigan
Docketed: 2019-09-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actus-reus counsel-effectiveness due-process fourteenth-amendment guilty-plea ineffective-assistance-of-counsel irrebuttable-presumption sex-offender-registration sixth-amendment statute-of-limitations
Key Terms:
DueProcess
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Where it can be shown that the order to register as a sex offender is not limited in scope to stand on a valid guilty plea supported by the effective assistance of counsel, does the sex offender registration act violate a criminal defendant's sixth-amendment-right-to-counsel, fourteenth-amendment-right-to-due-process

Question Presented (OCR Extract)

QUESTION(S) PRESENTED |. WHERE IT CAN BE SHOWN THAT THE ORDER TO REGISTER AS A SEX OFFENDER IS NOT LIMITED IN SCOPE TO STAND ON A VALID GUILTY PLEA SUPPORTED BY THE EFFECTIVE ASSISTANCE OF COUNSEL, DOES THE SEX OFFENDER REGISTRATION ACT VIOLATE A CRIMINAL DEFENDANT'S SIXTH AMENDMENT RIGHT TO COUNSEL AND FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS BY CREATING AN IRREBUTTABLE PRESUMPTION, AT NEW CRIMINAL TRIALS, THAT THE ORDER TO REGISTER AS A SEX OFFENDER IS LIMITED IN SCOPE TO STAND ON A VALID GUILTY PLEA THAT IS SUPPORTED BY THE EFFECTIVE ASSISTANCE OF COUNSEL? ll. DOES JUSTICE REQUIRE A DETERMINATION THAT MICHIGAN’S PRE-2018 STATUTE OF LIMITATIONS BARS RETRIAL OF THIS CASE WHERE THE RECORD MAKES CLEAR THAT THE ACTUS REUS ELEMENT OF A CRIME WAS NOT ACCUSED BY SPECIFIC FACTS AND WAS NOT PROVEN BY SPECIFIC FACTS? 2

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-19
Waiver of right of respondent Michigan to respond filed.
2019-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2019)

Attorneys

Michigan
Thomas Richard GrdenOakland Co. Prosecutor's Off., Respondent
Thomas Richard GrdenOakland Co. Prosecutor's Off., Respondent
William Sim Spencer
William Sim Spencer — Petitioner
William Sim Spencer — Petitioner