PEOPLE OF MI V KYLE FREDERICK WILKERSON (Concurring Opinion)
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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 31, 2012 Plaintiff-Appellee, v No. 300052 Wayne Circuit Court LC No. 10-003123-FC KYLE FREDERICK WILKERSON, Defendant-Appellant. Before: GLEICHER, P.J., and CAVANAGH and O CONNELL, JJ. O CONNELL, J. (concurring in part and dissenting in part). I concur with the result reached by the majority opinion. I respectively dissent to certain implications contained in the majority opinion. The trial court made a complete record, with detailed reasons why the late request for an adjournment was being denied, and, after conducting a thorough evidentiary hearing, made a principled decision to deny defendant s request for an adjournment. Rather than imply malfeasance, the majority should respect the trial court s efforts to protect defendant s right to retained counsel of choice as balanced against the court s and public s need for the prompt and efficient administration of justice.1 I independently conclude that the denial of defendant s last minute request for an adjournment did not result in a violation of defendant s Sixth Amendment rights. I would affirm, without the majority s pejorative comments, the learned trial court s principled decisions in this matter. /s/ Peter D. O Connell 1 I concur with the majority s conclusion that defendant did not articulate a justifiable request (reason) for a continuance to allow Sharpe s participation in the trial. But, I note that since no justifiable reason for the continuance was articulated by the defendant, the trial court was well within its latitude to conclude that defendant s request for a continuance was simply a delay tactic. -1-
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