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People v. Frazier Walker

Supreme Court of Michigan
Aug 27, 1971
385 Mich. 596 (Mich. 1971)

Summary

In Walker the matter which gave rise to the complaint on appeal concerning disqualification did occur before the jury trial waiver was made.

Summary of this case from People v. Cocuzza

Opinion

No. 15 June Term 1971, Docket No. 52,921.

Decided August 27, 1971.

Appeal from Court of Appeals, Division 2, T.M. Burns, P.J., and Quinn and Roberts, JJ., reversing Genesee, Elza H. Papp, J. Submitted June 10, 1971. (No. 15 June Term 1971, Docket No. 52,921.) Decided August 27, 1971.

24 Mich. App. 360 affirmed.

Frazier Walker was convicted of statutory rape. Defendant appealed to the Court of Appeals. Reversed. The people appeal. Affirmed and remanded for new trial.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.

Elisha Scott, Jr., for defendant on appeal.


We affirm the Court of Appeals for the reasons set forth in its per curiam opinion in this cause filed June 3, 1970. 24 Mich. App. 360. Remanded for new trial.

T.M. KAVANAGH, C.J., and ADAMS, T.G. KAVANAGH, SWAINSON, and WILLIAMS, JJ., concurred.


I cannot agree with the decision of the Court.

The mere fact that a trial judge participated in pre-trial proceedings on the case, including requests for adjournment, should not per se disqualify the judge from hearing the case.

It is conceivable, I suppose, that protracted pretrial proceedings might involve the trial judge so deeply in the litigation that he is unable to sit impartially when the matter is finally set down for trial.

In such a case, the prejudice of the trial judge should be tested by means of a motion for his disqualification. The procedure is outlined in GCR 1963, 405.

No attempt to disqualify Judge Papp was made here. Neither was there any objection to her sitting as the trier of the fact. Defendant waived jury trial.

The conviction should be affirmed, and the Court of Appeals should be reversed.

BLACK, J., concurred with T.E. BRENNAN, J.


Summaries of

People v. Frazier Walker

Supreme Court of Michigan
Aug 27, 1971
385 Mich. 596 (Mich. 1971)

In Walker the matter which gave rise to the complaint on appeal concerning disqualification did occur before the jury trial waiver was made.

Summary of this case from People v. Cocuzza

In Walker we affirmed a decision of the Court of Appeals that a trial judge who interrogated witnesses in conjunction with a motion for a continuance, when a jury trial was anticipated, should have disqualified herself, on her own motion, when jury trial was later waived and she was to sit as trier of fact. Ramsey is distinguishable and we limit Walker to its facts.

Summary of this case from People v. Cocuzza

In Walker, the trial court was deemed disqualified as trier of fact because it knew the defendant had failed a lie detector test.

Summary of this case from People v. Cocuzza

In People v Frazier Walker, 385 Mich. 596; 189 N.W.2d 41 (1971), this Court adopted the opinion of the Court of Appeals, 24 Mich. App. 360; 180 N.W.2d 193 (1970), reversing a conviction where the judge in a non-jury trial had interrogated witnesses in defendant's absence and had knowledge that he had taken a lie detector test.

Summary of this case from People v. Jackson

In Frazier Walker, the trial judge, during pretrial proceedings, revealed that she was aware of the fact that the defendant had taken and failed a polygraph test.

Summary of this case from People v. McLeod

In Walker, the trial court was deemed disqualified as trier of fact because it knew the defendant had failed a lie detector test.

Summary of this case from People v. Cocuzza
Case details for

People v. Frazier Walker

Case Details

Full title:PEOPLE v. FRAZIER WALKER

Court:Supreme Court of Michigan

Date published: Aug 27, 1971

Citations

385 Mich. 596 (Mich. 1971)
189 N.W.2d 41

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