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150643 - People v Boban Temelkoski

The People of the State of Michigan,
Julie A. Powell
(Appeal from Ct of Appeals)
(Wayne – Chylinski, J.)
 Miriam Aukerman 
Boban Temelkoski,
David Herskovic


In 1993, the 19-year-old defendant committed second-degree criminal sexual conduct. He pled guilty to the offense under the Holmes Youthful Trainee Act (HYTA), which allows a young offender to be placed on probation for a number of years, and if probation is successfully completed, to avoid a felony conviction. At the time, “success” also guaranteed that a trainee would suffer no civil disability because of HYTA status and the record of criminal proceedings would be closed to the public. While the defendant was still on probation in 1995, the Legislature enacted the Sex Offenders Registration Act (SORA), which required a defendant convicted of second-degree criminal sexual conduct to register with the police for 25 years. That registration later became public. The Legislature subsequently imposed additional requirements on registered offenders and, in 2011, required lifetime registration for certain offenders, including the defendant. The defendant seeks removal from the registry, arguing that registration has become cruel and unusual punishment, and that it is an ex post facto law. The trial court granted the defendant’s motion. The Court of Appeals reversed. The Supreme Court granted leave to appeal in 2015, and heard oral argument in December 2016. In May 2017, in light of new developments, this Court voted to hear reargument to address: (1) whether this case should be held in abeyance pending final action by the United States Supreme Court in Does #1-5 v Snyder, 834 F3d 696 (CA 6, 2016); (2) whether a criminal defendant is denied due process of law if a statute offers a benefit in exchange for pleading guilty, the defendant’s plea is induced by the expectation of that benefit, but the benefit is vitiated in whole or in part; and (3) whether the Wayne Circuit Court had jurisdiction over the defendant’s SORA claim.