People of Michigan v. Gary Patrick Lewis
This text of People of Michigan v. Gary Patrick Lewis (People of Michigan v. Gary Patrick Lewis) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 21, 2016 Plaintiff-Appellee,
v No. 325782 Wayne Circuit Court GARY PATRICK LEWIS, LC No. 14-006454-FH
Defendant-Appellant.
Before: TALBOT, C.J., and MURRAY and SERVITTO, JJ.
SERVITTO, J. (concurring).
I concur in the result reached by the majority—that defendant’s convictions should be vacated. However, I believe that because Michigan law holds that the complete denial of representation of counsel at a critical stage of the proceeding (here, the preliminary examination), is a structural error requiring automatic reversal (see, e.g., People v Duncan, 462 Mich 47, 51-52; 610 NW2d 551(2000)), that holding alone should represent the entirety of our opinion. The remaining analysis regarding structural error and the analyses of the remaining issues raised by defendant are unnecessary to our resolution of this case.
/s/ Deborah A. Servitto
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