PEOPLE v. JINNAH NO. 2, 453 Mich. 947 (1996)

557 N.W.2d 309

PEOPLE v. JINNAH NO. 2.

No. 106388.Supreme Court of Michigan.
November 15, 1996.

Summary Disposition November 15, 1996:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the case is remanded to that Court for further proceedings consistent with this order. MCR 7.302(F)(1). The circuit court was not required to establish a waiver of counsel because defendant did not waive counsel. While he gave his own closing argument, he continued to be represented by counsel. On rejinn, the Court of Appeals is to consider whether the two other errors found by that: Court to have occurred constitute reversible error. Jurisdiction is not retained.

Court of Appeals No. 173096.

LEVIN, J.

I would deny leave to appeal and dissent from the peremptory reversal of the Court of Appeals. The policy reasons for requiring advice from the court to a defendant who indicates that he wishes to represent

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himself, without regard to whether he has counsel at his side, are as compelling where the defendant seeks, as here, to represent himself only during a phase of the case.

CAVANAGH, J.

I concur with Justice LEVIN.

Reconsideration denied January 31, 1997.

CAVANAGH, J.

I would grant reconsideration and, on reconsideration, would grant leave to appeal.