People v. Dowdy
489 Mich. 373
| Mich. | 2011Background
- Dowdy, a homeless sex offender, registered an address at a homeless shelter (VOA) but did not reside there since VOA barred him due to his status.
- Police efforts in 2006 to verify Dowdy's residence/Domicile found no current address; last reported in 2002.
- Dowdy was charged with violating SORA’s reporting and notification requirements after leaving VOA and remaining homeless.
- Trial court dismissed, Court of Appeals affirmed, holding homelessness precludes a residence or domicile for SORA purposes.
- The Supreme Court held homelessness does not bar SORA compliance; offenders can report a residence or domicile through alternatives authorized by SORA and MSP.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether homeless offenders can satisfy SORA’s residence/domicile requirements | Dowdy argued homelessness prevents any residence or domicile under SORA. | Dowdy argued the statute requires a fixed address; homeless cannot comply. | Homelessness does not bar compliance; a domicile/residence can be established. |
| Whether the quarterly reporting and notification obligations are enforceable against the homeless | Homeless offenders cannot physically report or provide a meaningful address. | Obligations are unconditional and do not carve out homelessness. | Homeless offenders must comply with reporting and notification. |
| Whether MSP’s 123 Homeless designation invalidates SORA or undermines its purpose | 123 Homeless is a valid substitute for a residence/domicile. | 123 Homeless is invalid; it conflicts with SORA’s demands for verifiable addresses. | 123 Homeless is permissible to facilitate compliance, not a substitute that defeats SORA. |
Key Cases Cited
- Beecher v Common Council of Detroit, 114 Mich 228 (1897) (distinguishes domicile and residence concepts; domicile requires residence first)
- Campbell v White, 22 Mich 178 (1871) (recognizes residence and domicile often coincide; home as locus of residence)
- In re Servaas, 484 Mich 634 (2009) (dissent discusses domicile/residence distinctions and framework for interpretation)
- Dowdy, 287 Mich App 278 (2010) (Court of Appeals decision on homeless status and SORA obligations)
- Dowdy, 484 Mich 855 (2009) (supreme court context cited in related Dowdy proceedings)