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PEOPLE v. RUSSELL

Docket No. 122998. Calendar No. 1.

684 N.W.2d 745 (2004)

471 Mich. 182

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Lord Shawn RUSSELL, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 27, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and Gary A. Moore, Assistant Prosecuting Attorney, Grand Rapids, MI, for the people.

State Appellate Defender (by Jacqueline J. McCann), Detroit, MI, for the defendant.

OPINION

YOUNG, J.

In this case, we granted leave to appeal to consider whether a defendant may, by conduct alone, "unequivocally" waive his Sixth Amendment Right to counsel and elect to proceed pro se. We need not reach that question in this case because a review of the record reveals that defendant clearly and unequivocally declined self-representation. We reverse the decision of the Court of Appeals and remand for a new trial.

I. FACTS AND PROCEDURAL...

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