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August 29, 2013

COA holds that defendant may have been "substitute teacher" while on summer vacation

In People v Lewis, the Michigan Court of Appeals held that a defendant, who was a long term substitute teacher in a school district, may have been a "substitute teacher" for the purpose of Michigan's criminal sexual assault statute, even though the assault occurred during summer vacation.  The court reasoned that the statute unambiguously imposed liability when the actor is a "substitute teacher," and does not contain any temporal requirement.  Accordingly, the Court of Appeals concluded the trial court erred by dismissing the charges against the defendant on the basis that the assault occurred during summer vacation, and remanded for further proceedings.

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