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PEOPLE v. ZAJACZKOWSKI

Docket No. 143736. Calendar No. 5.

825 N.W.2d 554 (2012)

493 Mich. 6

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jason Joseph ZAJACZKOWSKI, Defendant-Appellant.

Supreme Court of Michigan.

Decided December 19, 2012.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, William A. Forsyth , Prosecuting Attorney, and Timothy K. McMorrow , Chief Appellate Attorney, for the people.

Ronald D. Ambrose , for defendant.

Katherine L. Root and Joanne T. Ross for Amicus Curiae the Family Law Section of the State Bar of Michigan.

HATHAWAY, J.

Opinion

At issue in this case is whether defendant was properly convicted of first-degree criminal sexual conduct under MCL 750.520b(1)(b)(ii), which requires that defendant be related to the victim "by blood."1 While it is undisputed that there is no biological relationship between defendant and the victim, the prosecution asserts that the relationship element of the crime has been met based on a civil presumption...

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