Key v. People

The majority holds that the ex parte scheduling conference constituted error depriving the defendant of his constitutional right to counsel at a critical stage of the proceedings and that the harmless error doctrine should be applied in this case. Maj. op. at 826, 827. The majority concludes that there is a reasonable probability that the defendant was prejudiced by the deprivation of his right to counsel during the ex parte scheduling conference, maj. op. at 827, 828, and reverses the judgment of conviction.

I disagree and dissent from the majority because I do not believe that the ex parte…