explaining the trial judge “did not participate as the initial factfinder or decisionmaker” merely because he was involved in “pretrial proceedings in the instant criminal case”
How later courts described this case
- explaining the trial judge “did not participate as the initial factfinder or decisionmaker” merely because he was involved in “pretrial proceedings in the instant criminal case”
- “usual definitions of ‘legitimate’” include “‘according to the law; lawful,’” or “‘[t]hat which is lawful, legal, recognized by law, or according to law’”
- opinion by BANDSTRA, J.
Written by the judges who cited it.
The opinion
O’Connell, P.J
(concurring). I agree that the trial judge abused his discretion in removing defense counsel and substituting new counsel. I also agree that the defendant was prejudiced by removal of his counsel. I find it unnecessary to determine if the harmless-error doctrine applies when the defendant has shown actual prejudice. I concur in the balance of the majority’s opinion.