PEOPLE OF MI V BRANDON KIJUAN FIELDS (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 27, 2012 Plaintiff-Appellee, v No. 306624 Calhoun Circuit Court LC No. 2011-001704-FC BRANDON KIJUAN FIELDS, Defendant-Appellant. Before: HOEKSTRA, P.J., and BORRELLO and BOONSTRA, JJ. BORRELLO, J. (concurring). My analysis of defendant s claims of error relative to violations of his Sixth Amendment rights, differs from that of the majority, however, because I also conclude that defendant cannot demonstrate the prejudice necessary to warrant relief given the overwhelming evidence presented against him, I respectfully concur in result only. Because my description and analysis of the trial prosecutor s antics during trial also differs from my colleagues, I write separately to convey my profound distaste for his conduct during defense counsel s cross-examination. I trust that by so doing, the Calhoun County Prosecutor will see to it that this Court s time and resources are never again wasted on reviewing and analyzing similar courtroom antics by one of their assistants. Because I also conclude that defendant has failed to demonstrate the necessary prejudice to warrant relief on this issue, I respectfully concur in result only. /s/ Stephen L. Borrello -1-

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