Legal Opinion · Dissent

People v. Russell

Michigan Supreme Court

Decided July 27, 2004No. Docket 122998Published

1DissentMarkman, J.

I respectfully dissent from the majority opinion because I agree with the trial court and the Court of Appeals and believe that defendant, by his conduct alone, “unequivocally” waived his constitutional and statutory right to trial counsel. US Const, Am VI; Const 1963, art 1, § 13; MCL 763.1. Because I believe that defendant’s waiver also satisfied the requirements set forth by this Court in People v Anderson, 398 Mich 361, 367-368; 247 NW2d 857 (1976), and MCR 6.005(D), I would affirm defendant’s convictions.

Further, I respectfully urge the United States Supreme Court to consider granting…

2Cases cited20 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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