People v. Jones

STEPHENS, EJ.

(concurring). The majority bases its conclusion with regard to the crime victims’ rights assessment exclusively on People v Earl, 297 Mich App 104; 822 NW2d 271 (2012). I acknowledge that I am compelled to follow Earl because it is binding precedent. MCR 7.215(J)(1). However, I write separately to note that, in my view, Earl’s reasoning is flawed and that the majority’s conclusions are therefore inconsistent with other, prior caselaw interpreting the Ex Post Facto Clause. Specifically, Earl concluded that the assessment is not a punishment and is therefore outside the ambit of…