PEOPLE OF MI V GEORGE LAMONT JACKSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 190128
Recorder’s Court
LC No. 95-001485-FH
GEORGE LAMONT JACKSON,
Defendant-Appellant.
Before: Markman, P.J., and McDonald and Fitzgerald, JJ.
FITZGERALD, J. (concurring in part and dissenting in part.)
I disagree only with the majority’s analysis of defendant’s argument that he is entitled to receive
his jury voir dire transcript. In People v Bass, 223 Mich App 241, 255; 565 NW2d 897 (1997),
amended 7/25/97, this Court, confronted with the constitutionality of MCR 6.425(F)(2)(a)(i), held that
under “the Due Process Clause of the Fourteenth Amendment, a criminal defendant is entitled to the
effective assistance of counsel in his first appeal as of right.” The Court thus concluded that the voir dire
transcript must be provided in all cases where appointed counsel was not the indigent defendant’s trial
counsel. Although our Supreme Court has stayed the precedential effect of Bass and granted leave to
appeal, ___ Mich ___; ___ NW2d ___ (Docket No. 109511, issued 8/4/97), I agree with the
rationale of the Court in Bass that due process compels preparation of the voir dire transcript.
/s/ E. Thomas Fitzgerald
-1
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