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April 30, 2014

MSC to consider whether aiding and abetting can be proven where the defendant failed to act according to a legal duty, but provided no other assistance to the principal

The Michigan Supreme Court is considering the application for leave to appeal the Court of Appeals’ December 19, 2013 judgment in People v. Borom, and ordered the parties to address whether aiding and abetting under MCL 767.39 can be proven where the defendant failed to act according to a legal duty, but provided no other form of assistance to the perpetrator of the crime. On this issue, the Court of Appeals concluded upon previous remand that aiding and abetting first-degree child abuse may be proven where a parent breaches his or her duty to prevent injury to his or her child with knowledge that the child will be seriously harmed.

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