Order Michigan Supreme Court
Lansing, Michigan
February 1, 2012 Robert P. Young, Jr.,
Chief Justice
143736 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143736
COA: 295240
Kent CC: 08-008413-FC
JASON JOSEPH ZAJACZKOWSKI,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 26, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether the Court of Appeals erred by concluding that presumptions of
legitimacy implied by statutory law, i.e., MCL 552.29, MCL 700.2114, and case law, and
defendant’s lack of standing under the Paternity Act, MCL 722.711 et seq., are relevant
to whether a relationship by blood exists as that term is used in MCL 750.520b(1)(b)(ii).
We further ORDER the Kent Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
counsel to represent the defendant in this Court.
The Prosecuting Attorneys Association of Michigan, the Criminal Defense
Attorneys of Michigan, and the Family Law Section of the State Bar of Michigan are
invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 1, 2012 _________________________________________
p0125 Clerk