People v. Adkins

551 N.W.2d 108, 452 Mich. 702
CourtMichigan Supreme Court
DecidedJuly 30, 1996
DocketDocket Nos. 102370, 104085, Calendar Nos. 14, 15
StatusPublished
Cited by67 cases

This text of 551 N.W.2d 108 (People v. Adkins) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Adkins, 551 N.W.2d 108, 452 Mich. 702 (Mich. 1996).

Opinions

Mallett, J.

This Court consolidated and granted leave to appeal in these two cases to clarify the judicial responsibilities that must be fulfilled before a criminal defendant may waive his right to counsel and be permitted to represent himself.

Trial courts must substantially comply with the waiver of counsel procedures set forth in People v Anderson, 398 Mich 361; 247 NW2d 857 (1976), and MCR 6.005(D) before granting a defendant’s request to proceed in propria persona. Substantial compliance requires the court to discuss with the defendant the waiver of counsel requirements set forth in both Anderson and the court rule, and to find that the defendant fully understands, recognizes, and agrees to abide by these procedures.

We hold that the trial courts in both People v Adkins and People v Suggs substantially complied with the waiver of counsel procedures provided by this Court. The records support the trial courts’ findings that both defendants effectively waived their right to counsel. Therefore, the judicial grants of the defendants’ requests to proceed in propria persona were proper. We reverse the decisions of the Court of Appeals granting the defendants new trials.

[707]*707FACTS AND PROCEDURAL HISTORY

I

PEOPLE v ADKINS

In a May 1991 jury trial before Detroit Recorder’s Court Judge Michael J. Callahan, defendant Kenneth Ray Adkins was convicted of five counts of third-degree criminal sexual conduct, MCL 750.520d; MSA 28.788(4), and one count of unarmed robbery, MCL 750.530; MSA 28.798.

On April 29, 1991, two days before the scheduled trial, retained counsel Marcus Ellis told the court that Mr. Adkins did not want him to continue to represent him.1 The prosecutor requested a hearing regarding the reasons for Mr. Adkins’ dissatisfaction.

Mr. Adkins testified that he did not like what Mr. Ellis had done about the case and that Mr. Ellis was not “on [his] side.” He said that he had been dissatisfied since the preliminary examination and had explained his dissatisfaction to his family, who already had spent “several hundred dollars” on the case. Despite his alleged dissatisfaction, Mr. Adkins had not apprised the court of his feelings about Mr. Ellis until that morning. When pressed by the court, he was unable to refer to any specific problems with Mr. Ellis. Rather, he said that he did not like the way he saw Mr. Ellis in court and did not value his judgment. Mr. Adkins said to the court: “I just prefer to either[,] I ask questions, appoint me a lawyer, or I will do this on, attempt this on my own.”

[708]*708Mr. Ellis believed that the breakdown in the attorney-client relationship was apparent. However, the court believed that Mr. Adkins was being dilatory. Mr. Ellis asked the court to appoint another attorney, even though he would remain in the courtroom, so that Mr. Adkins would have “the benefit of talking to a lawyer that he [could] trust.” Mr. Ellis did not move to withdraw from the case.

Mr. Adkins told the court: “If you will just have an attorney probably come see me for twenty minutes, until today or tomorrow, I will be ready with an attorney to represent myself with another attorney or ask him to take in whenever he can do anything. I would rather not take any advice from Mr. Ellis.” The court declined Mr. Adkins’ request for an appointed attorney and said that he could represent himself or have Mr. Ellis represent him. The court ordered Mr. Ellis to remain in the courtroom during the trial, which was to begin on May 1, 1991, either as counsel for Mr. Adkins or as standby counsel if Mr. Adkins chose to proceed in propria persona.

On the morning of May 1, 1991, before jury voir dire, Mr. Adkins decided to represent himself. At this point, the judge proceeded to comply with the initial waiver of counsel procedures.

The Court: Mr. Adkins, we were in court two days ago and you indicated to me that you wished to discharge Mr. Ellis as your attorney, is that correct?
Defendant Adkins: Yes.
The Court: And that you wished to represent yourself?
Defendant Adkins: Yes, I do.
The Court: You indicated also that you wanted me to appoint an attorney for you and that you would rely on the services of an appointed attorney, is that correct?
[709]*709Defendant Adkins: Yes, I did say that, but I think I will go on my own.
The Court: So it is your desire to represent yourself?
Defendant Adkins: Yes, it is.
The Court: Sir, how old are you?
Defendant Adkins: Twenty-four.
The Court: Do you read and write the English language?
Defendant Adkins: Yes.
The Court: How far did you go in school?
Defendant Adkins: 10th Grade.
The Court: Do you have any other formal education?
Defendant Adkins: No.
The Court: Sir, do you know, or has your IQ ever been tested? Do you know what that is?
Defendant Adkins: No, I don’t.
The Court: Before you got into this difficulty with the law, did you have a job?
Defendant Adkins: Yes.
The Court: What were you doing?
Defendant Adkins: Partime [sic] making car parts for a company.
The Court: How long had you held that job, Mr. Adkins?
Defendant Adkins: I only worked there a short period of time.
The Court: Before that what did you do?
Defendant Adkins: I did odd jobs.
The Court: Now, sir, is it my understanding that you are voluntarily deciding to represent yourself?
Defendant Adkins: Yes.
The Court: And you feel that you know what you are doing?
Defendant Adkins: Yes.
The Court: Okay. You understand that even if you dislike Mr. Ellis, or can’t stand him, or whatever your feelings are, he is here, that he is seated no more than six feet away from you and that you can ask him any question that you want during the course of this trial, do you understand that?
[710]*710Defendant Adkins: Yes.
The Court: Even if you choose to ask him nothing, you understand he is here and he is available to advise you?
Defendant Adkins: Yes.
The Court:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

20251110_C370437_47_370437.Opn.Pdf
Michigan Court of Appeals, 2025
20250218_C367464_46_367464.Opn.Pdf
Michigan Court of Appeals, 2025
20250109_C368658_28_368658.Opn.Pdf
Michigan Court of Appeals, 2025
People of Michigan v. Gerard Garcia Jr
Michigan Court of Appeals, 2024
People of Michigan v. Austin Wade Smith
Michigan Court of Appeals, 2024
People of Michigan v. Devinci Osiris Dumas
Michigan Court of Appeals, 2023
People of Michigan v. Vernest James Griffin
Michigan Court of Appeals, 2020
People of Michigan v. Elijah Zackary Robinson
Michigan Court of Appeals, 2020
People of Michigan v. Albert Lamar Williams
Michigan Court of Appeals, 2020
People of Michigan v. Pierre Lamar Tipton Jr
Michigan Court of Appeals, 2020
People of Michigan v. William Jeffery Whitmore
Michigan Court of Appeals, 2019
People of Michigan v. David Michael Stewart
Michigan Court of Appeals, 2018
People of Michigan v. Joshua Anthony Sedgeman
Michigan Court of Appeals, 2018
People of Michigan v. Dale Lester Morris
Michigan Court of Appeals, 2018
People of Michigan v. Anthony Dean Jones
Michigan Court of Appeals, 2018
People of Michigan v. Brian Wayne Alexander
Michigan Court of Appeals, 2017
People of Michigan v. Edward Minaskar Beamon
Michigan Court of Appeals, 2017
People of Michigan v. Malcolm Xavier Jeffries
Michigan Court of Appeals, 2017
People of Michigan v. Daniel Jay Weaver
Michigan Court of Appeals, 2017

Cite This Page — Counsel Stack

Bluebook (online)
551 N.W.2d 108, 452 Mich. 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-adkins-mich-1996.