People v. Ellis (Michigan 2026)

Summary

The Court held that defendant’s constitutional challenge was ripe because the registration requirement was included in a final judgment of sentence, even though he did not currently live or work in Michigan. It further held that the later nonsexual felony triggered the registration requirement and that imposing SORA registration for that offense was cruel or unusual punishment as applied to defendant and similarly situated individuals under the Michigan Constitution. The Court reversed and remanded for removal of the registration requirement from defendant’s sentence.

Holding

Ripeness of defendant’s constitutional challenge. The challenge was ripe because the judgment of sentence imposed the registration requirement and constituted a final decision from which an actual or concrete injury could be determined, even though registration was conditionally enforceable only if defendant lived or worked in Michigan.

Statutory trigger for the SORA recapture provision. The recapture provision is triggered by the later felony conviction, not by the earlier pre-SORA sexual offense. Accordingly, the Court properly addressed the claim first under cruel-or-unusual-punishment principles rather than ex post facto principles.

Whether recapture-based SORA registration is cruel or unusual punishment. The imposition of SORA registration on individuals convicted of a nonsexual felony who also have a pre-SORA sexual-offense conviction is cruel or unusual punishment as applied to defendant and similarly situated individuals, violating the Michigan Constitution.