PEOPLE OF MI V LAWRENCE WHITE
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 182605
Recorder’s Court
LC No. 94-003885
LAWRENCE WHITE,
Defendant-Appellant.
Before: Sawyer, P.J., and Marilyn Kelly and D. A. Burress*, JJ.
BURRESS, J. (concurring).
I concur with Judge Kelly’s opinion that defendant was denied a fair trial.
The prosecution argues that defendant’s complaints are based more on the trial court’s
reputation than on what actually occurred during the trial. I disagree.
The record here amply demonstrates that the veil of judicial impartiality was not so much
pierced by any one act, but was clipped away one thread at a time until the veil was left with a gaping
hole.
Probably the stripping of any one of these individual threads would not itself have been sufficient
to warrant the grant of a new trial. However, I agree that the cumulative effect of the trial judge’s
conduct in this case was the denial of a fair trial to the defendant.
I would reverse and remand for a new trial before a different judge.
/s/ Daniel A. Burress
* Circuit judge, sitting on the Court of Appeals by assignment.
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