People v. Williams

I respectfully dissent. The majority erroneously concludes that MCR 6.120 superseded People v Tobey.1 I disagree because the court rule and Tobey can be reconciled. Moreover, in rejecting Tobey, the opinion offers no persuasive reason why MCR 6.120 does not require that defendant’s alleged offenses be severed for trial. I therefore disagree with its analysis and conclusions. The offenses should have been separately tried, and the failure to sever them was not harmless error. Therefore, I would reverse the judgment of the Court of Appeals.

There are three flaws in the majority’s analytical…