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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

In <a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20160426_C325192_73_325192.OPN.PDF" target="_blank" rel="noreferrer noopener">People v. Richards, No. 325192</a>, the Michigan Court of Appeals held that a defendant’s constitutional right to self-representation was not violated where the trial court denied defendant’s request to represent himself made, for the first time, on the day of trial.  In reaching this conclusion, the Court of Appeals reiterated that there is no bright-line rule for when a defendant’s request to represent himself is untimely.  Here, however,  the Court of Appeals affirmed the trial court’s decision that defendant’s eleventh hour request was untimely, in light of the fact that defendant was attempting to fire his third court-appointed counsel and had previously declined to assert his right to self-representation when specifically asked by the trial court.

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The Court of Appeals also rejected the defendant’s argument that he was denied due process by the destruction of evidence. The Court concluded that the defendant had not met his burden of establishing that the evidence was exculpatory or that the police acted in bad faith by destroying the evidence. The Court of Appeals affirmed the trial court’s conviction of assault and remanded the case for resentencing consistent with People v Lockbridge, 498 Mich 358; 870 NW2d 502 (2015), to apply the reasonableness standard articulated in People v Milburn, 435 Mich 630; 461 NW 2d 1(1990).

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Defendant’s 11th hour request to represent himself is untimely and denial of request is not grounds to reverse conviction

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Defendant’s 11th hour request to represent himself is untimely and denial of request is not grounds to reverse conviction

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