154684 - People v Kareem Amid Swilley, Jr
Attorney Information
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The People of the State
of Michigan,
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Joseph Albosta
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Plaintiff-Appellee,
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v
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(Appeal from Ct of
Appeals)
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(Saginaw – Borchard, F.)
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Kareem Amid Swilley, Jr.,
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Imran Syed
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Defendant-Appellant.
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Order Link
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Summary
Page Content
Defendant, a juvenile, and
his two adult codefendants were charged with multiple felonies, including
first-degree murder and conspiracy to commit first-degree murder for their alleged
involvement in a shooting from a vehicle that resulted in one death. At the
joint jury trial, the trial judge extensively questioned certain prosecution
witnesses. The jury convicted defendant of first-degree murder, conspiracy to
commit first-degree murder, and other felonies. On appeal, defendant argued
that the judge’s questioning of witnesses pierced the veil of judicial impartiality.
The Court of Appeals affirmed defendant’s convictions, holding that, although
the judge’s questioning of two witnesses may have unintentionally exhibited
some doubt as to their credibility, the totality of the circumstances did not
lead to the conclusion that defendant was deprived of a fair trial. The Supreme
Court has ordered oral argument on defendant’s application for leave to appeal to
address whether it is reasonably likely that the trial judge’s questioning of
witnesses improperly influenced the jury by creating the appearance of advocacy
or partiality against a party. See People v Stevens, 498 Mich 162 (2015).