People v. Zajaczkowski

493 Mich. 6 (2012) · Michigan Supreme Court · December 19, 2012 · No. 143736

Summary

The Michigan Supreme Court held that undisputed DNA evidence showing no biological relationship between the defendant and victim defeated the blood-relationship element of first-degree criminal sexual conduct under MCL 750.520b(1)(b)(ii). The civil presumption of legitimacy could not conclusively establish a blood relationship in this criminal case. The Court vacated the first-degree conviction and remanded for entry of a third-degree criminal sexual conduct conviction and resentencing under the plea agreement.

Holdings

  1. A relationship by blood under MCL 750.520b(1)(b)(ii) requires a biological relationship arising by descent from a common ancestor or by birth rather than marriage. Because undisputed DNA evidence established that defendant and the victim did not share a biological father, the prosecution could not establish that they were related by blood to the fourth degree.
  2. The civil presumption of legitimacy cannot be used conclusively to establish the blood relationship element of MCL 750.520b(1)(b)(ii) when undisputed DNA evidence shows that the defendant and victim are not biologically related.
  3. Because the elements of first-degree criminal sexual conduct could not all be established, defendant's first-degree conviction had to be vacated and the trial court had to enter a conviction of third-degree criminal sexual conduct in accordance with the conditional plea agreement and resentence defendant.

Questions Presented

  1. Whether a defendant may be convicted of first-degree criminal sexual conduct under MCL 750.520b(1)(b)(ii) when undisputed DNA evidence establishes that he is not biologically related to the victim.
  2. Whether the civil presumption of legitimacy or the defendant's lack of standing to challenge his legitimacy may substitute for a blood relationship to satisfy the relationship element of the criminal statute.
  3. Whether the conviction should be reduced to third-degree criminal sexual conduct under the defendant's conditional plea agreement.

Disposition

vacated

Cases Cited (10)

  • People v. Zajaczkowski, 293 Mich. App. 370; 810 N.W.2d 627 (2011)(reversed)
  • People v. Lee, 489 Mich. 289, 295; 803 N.W.2d 165 (2011)(followed)
  • Miller-Davis Co. v. Ahrens Constr., Inc., 489 Mich. 355, 361; 802 N.W.2d 33 (2011)(followed)
  • People v. Koonce, 466 Mich. 515, 518; 648 N.W.2d 153 (2002)(followed)
  • People v. Morey, 461 Mich. 325, 330; 603 N.W.2d 250 (1999)(followed)
  • Bliss v. Caille Bros. Co., 149 Mich. 601, 608; 113 N.W. 317 (1907)(followed)
  • Barnes v. Jeudevine, 475 Mich. 696; 718 N.W.2d 311 (2006)(distinguished)
  • In re KH, 469 Mich. 621; 677 N.W.2d 800 (2004)(distinguished)
  • Girard v. Wagenmaker, 437 Mich. 231; 470 N.W.2d 372 (1991)(distinguished)
  • People v. Idziak, 484 Mich. 549; 773 N.W.2d 616 (2009)(followed)

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