William Sim Spencer v. Michigan
DueProcess
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(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