Here’s a snapshot of the cases the Michigan Supreme Court heard argument during its 2024-25 sitting that await decision.
On July 31, 2025, the court ordered additional briefing to be completed within 21 days.
Select the case name to expand the case details.
Criminal
People of MI v Robert James Kardasz, 165008 [MOAA]
Subject matter: SORA (Sex Offenders Registration Act) lifetime registration and monitoring
Issues: Whether (1) requiring the defendant to register as a sex offender under the Sex Offenders Registration Act (SORA), MCL 28.721 et seq., as amended by 2020 PA 295, effective March 24, 2021 (the 2021 SORA), for the rest of his life constitutes cruel or unusual punishment under Const 1963, art 1, § 16 or cruel and unusual punishment under US Const, Am VIII;
(2) lifetime electronic monitoring, when imposed without an individualized assessment of the defendant’s recidivism risk and without providing a mechanism for removing the monitoring requirement, constitutes cruel and unusual punishment under US Const, Am VIII or cruel or unusual punishment under Const 1963, art 1, § 16, see generally People v Betts, 507 Mich 527 (2021), but see People v Hallak, 310 Mich App 555, 577 (2015), rev’d in part on other grounds 499 Mich 879 (2016);
(3) lifetime electronic monitoring constitutes cruel and/or unusual punishment as applied in this case; and
(4) lifetime electronic monitoring constitutes an unreasonable search in violation of US Const, Am IV or Const 1963, art 1, § 11, see State v Grady, 372 NC 509 (2019), and Park v State, 305 Ga 348 (2019), but see Hallak, 310 Mich App at 581.
Argued: March 12, 2025
Background: The defendant was jury convicted of first-degree criminal sexual conduct. The trial court sentenced him to 30 to 45.8 years in prison. The Court of Appeals affirmed the defendant’s conviction, but vacated his sentence and remanded the case to the trial court for resentencing because the trial court failed to explain why it exceeded the 25-year statutory minimum. On remand, the trial court sentenced the defendant to 25 to 40 years in prison. The judgment of sentence indicated that upon the defendant’s release, he would be subject to lifetime electronic monitoring and would be required to register as a sex offender under the Sex Offenders Registration Act (SORA), MCL 28.721 et seq. The Court of Appeals affirmed the trial court’s imposition of lifetime electronic monitoring and lifetime registration under SORA.
Cases abeyed pending decision: 26 (approx.)
Case outcome (disposition): MM/DD/YYYY Case pending
People of MI v Daryl William Martin, 166339 [MOAA]
Subject matter: SORA (Sex Offenders Registration Act) lifetime registration and monitoring
Issues: Whether (1) lifetime electronic monitoring, when imposed without an individualized assessment of the defendant’s recidivism risk and without providing a mechanism for removing the monitoring requirement, constitutes cruel and unusual punishment under US Const, Am VIII or cruel or unusual punishment under Const 1963, art 1, § 16, see generally People v Betts, 507 Mich 527 (2021), but see People v Hallak, 310 Mich App 555, 577 (2015), rev’d in part on other grounds 499 Mich 879 (2016);
(2) lifetime electronic monitoring constitutes cruel and/or unusual punishment as applied in this case; and
(3) lifetime electronic monitoring constitutes an unreasonable search in violation of US Const, Am IV or Const 1963, art 1, § 11, see State v Grady, 372 NC 509 (2019), and Park v State, 305 Ga 348 (2019), but see Hallak, 310 Mich App at 581.
Argued: March 12, 2025
Background: The defendant was jury convicted of first- and second-degree criminal sexual conduct involving a victim under 13, sentenced to 25-40 years and 10-15 years concurrent, plus mandatory lifetime electronic monitoring. The defendant challenged the monitoring as an unconstitutional search and cruel/unusual punishment, but the trial court and Court of Appeals both rejected the challenge, following the People v Hallak precedent requiring lifetime monitoring under MCL 750.520n.
Cases abeyed pending decision: 14 (approx.)
Case outcome (disposition): MM/DD/YYYY Case pending