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153696 - People v David Allen Snyder

The People of the State of Michigan,


Kathryn Dalzell





(Appeal from Ct of Appeals)



(Gratiot – Tahvonen, R.)


David Allen Snyder,


Sofia Nelson





In 1995, defendant pled guilty of fourth-degree criminal sexual conduct. In 2014, a jury convicted defendant of failing to register under the Sex Offenders Registration Act (SORA), MCL 28.721 et seq. On appeal, defendant argued that he should not be subject to the SORA. The Court of Appeals affirmed in an unpublished decision. The Supreme Court has ordered oral argument on defendant’s application for leave to appeal to address:  (1) whether the SORA requirements amount to “punishment,” see People v Earl, 495 Mich 33 (2014), see also Does # 1-5 v Snyder, 834 F3d 696, 703-706 (CA 6, 2016), cert den Snyder v John Does # 1-5, 138 S Ct 55 (Oct 2, 2017); and (2) whether defendant’s conviction pursuant to MCL 28.729 for failure to register under the SORA is an ex post facto punishment, where the registry has been made public, and other requirements enacted, only after defendant committed the listed offense that required him to register, US Const, art I, § 10; Const 1963, art 1, § 10. Oral argument in this case will be held at the same session as People v Tucker (Docket No. 152798). ​