People v. Zajaczkowski
493 Mich. 6
| Mich. | 2012Background
- defendant born during his mother’s marriage to the victim’s father; DNA shows no biological paternity to defendant.
- victim is the biological child of Walter’s 1992 relationship, not defendant’s father; thus defendant and victim lack a blood link.
- prosecution argued civil presumption of legitimacy could establish blood relation for first-degree SCC.
- trial court denied reduction; defendant pleaded guilty to first-degree SCC on condition of appeal regarding third-degree SCC.
- Court of Appeals affirmed; Michigan Supreme Court granted leave to address whether legitimacy presumption may substitute for blood relationship in the statute.
- Court vacated first-degree SCC conviction and remanded for entry of third-degree SCC conviction under the plea, with resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether blood relationship element can be proven without biological relation | Zajaczkowski | Zajaczkowski | No; blood relation not proven by DNA; legitimacy presumption cannot fill the gap. |
| Whether civil presumption of legitimacy can satisfy the 'by blood' requirement | Zajaczkowski | Zajaczkowski | No; presumption cannot be used to meet the statute’s blood relationship element. |
| Whether the conviction for first-degree SCC can stand given lack of blood relation | Zajaczkowski | Zajaczkowski | Vacated; remanded to enter a third-degree SCC conviction per plea and resentencing. |
Key Cases Cited
- Bliss v. Caille Bros. Co., 149 Mich. 601 (1907) (definition of affinity and related concepts cited in statutory interpretation)
- Barnes v Jeudevine, 475 Mich. 696 (2006) (presumption and legitimacy issues relevant to relatedness concepts)
- In re KH, 469 Mich. 621 (2004) (standing and legitimacy considerations in family law contexts)
- Girard v Wagenmaker, 437 Mich. 231 (1991) (legitimacy and relatedness concepts in Michigan law)