The 25-year-old
defendant had sexual relations with a 17-year-old woman after they were adopted
by the same woman, making them adoptive siblings. Defendant and his adoptive
sister do not share a biological parent in common and did not reside in the
same household. Defendant pled guilty to third-degree criminal sexual conduct (sexual
penetration of another person who is related by blood or affinity to the third
degree), MCL 750.520d(1)(d), in exchange for dismissal of other charges,
including CSC-III (sexual penetration accomplished by force or coercion), MCL
750.520d(1)(b). Defendant subsequently moved to withdraw his plea, arguing that
there was an insufficient factual basis to establish the required relationship.
The trial court denied the motion, and the Court of Appeals denied leave to
appeal for lack of merit in the grounds presented. The Supreme Court has directed
oral argument on defendant’s application for leave to appeal to address whether
adoptive siblings are related by blood or affinity, and whether the proper
definition of “affinity” is that found in Bliss
v Caille Bros Co, 149 Mich 601 (1907), or People v Armstrong, 212 Mich App 121 (1995).