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A Better Partnership
April 21, 2016

MSC grants MOA to consider whether failing to inform defendant of lifetime electronic monitoring makes CSC-I plea involuntary

In People v. Roark, No. 152562, the Michigan Supreme Court granted mini-oral argument on the application for leave to appeal to consider three issues: first, whether the defendant, who pled guilty to criminal sexual conduct in the first degree (“CSC-I”), was accurately advised of the direct consequences of his guilty plea, which included lifetime electronic monitoring; second, whether the defendant has demonstrated actual prejudice pursuant to MCR 6.508(D)(3)(b); and three, whether the defendant must demonstrate that he would not have pleaded guilty if he had known about the lifetime electronic monitoring requirement. The Court of Appeals held that the defendant was entitled to withdraw his plea because the trial court failed to advise him of mandatory lifetime electronic monitoring, which rendered his plea involuntary.

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