SORA survives another attack as COA holds that sex offender registration not “punishment” for purposes of the U.S. or Michigan Constitutions

In People v. Temelkoski, No. 313670, the Court of Appeals reaffirmed that mandatory registration under the Sex Offender Registration Act (SORA), MCL 28.721 et seq., does not constitute “punishment” for purposes of the United States or Michigan Constitutions.  Because SORA registration is not punitive, this defendant’s required registration does not violate either the Ex Post Facto Clause, or United States and Michigan constitutional prohibitions against cruel and unusual punishment.  Finally, the court concluded that in light of the specific facts and circumstances of this case, the adverse effects of SORA registration are not “overly excessive” compared to the regulatory purpose of registration.
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Business Journal highlights Supreme Court practice group at Warner Norcross & Judd

The Grand Rapids Business Journal writes in its most recent issue about the burgeoning U.S. and Michigan Supreme Court practices at Warner Norcross & Judd LLP, publisher of the One Court of Justice Blog. The article is available here. Read More

COA holds that negligent procurement or advice claims against insurance agents sound in negligence, not malpractice

In Stephens v. Worden Insurance Agency, No. 314700, the Michigan Court of Appeals held that a claim for injury resulting from an insurance agent’s failure to procure the coverage requested by the insured is an ordinary negligence claim, not a professional malpractice claim. The court also held that such a claim accrues when the insurer denies the claim. Read More

COA: procedural flaw insufficient to set aside a foreclosue by advertisement absent prejudice

In Phillip J. Diem v. Sallie Mae Home Loans Inc., et al., No. 317499 the Michigan Court of Appeals held that to challenge a residential foreclosure by advertisement, the plaintiff must show that it was prejudiced by the defects in the foreclosure procedures. Read More

Detroit news endorses Zahra, Viviano, and Murphy for Michigan Supreme Court

In a lengthy editorial regarding the upcoming election for three seats on the Michigan Supreme Court, the Detroit News endorsed incumbents Justice Brian Zahra and David Viviano as well as Michigan Court of Appeals Chief Judge Bill Murphy. Read More
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