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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED Plaintiff-Appellee, v No. 182605 Recorder’s Court LC No. 94-003885 LAWRENCE WHITE, Defendant-Appellant.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. -1­

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