Order Michigan Supreme Court
Lansing, Michigan
March 30, 2007 Clifford W. Taylor,
Chief Justice
132975 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 132975
COA: 273560
Wayne CC: 06-100051-01
36th DC: D06-55281; D06-55282
TODD EMERSON PARSONS,
Defendant,
and
GABRIEL JOHN SEIBT,
Defendant-Appellee.
_________________________________________/
The application for leave to appeal the October 24, 2006 order of the Court of
Appeals is considered, and it is DENIED, because we are not persuaded that the question
presented should be reviewed by this Court prior to the completion of the proceedings
ordered by the Court of Appeals. On remand, the district court shall determine whether
there is a potential conflict of interest sufficient to outweigh the defendant’s right to the
counsel of his choice. See Wheat v United States, 486 US 153; 108 S Ct 1692; 100 L Ed
2d 140 (1988); United States v Gonzalez-Lopez, __ US __; 126 S Ct 2557; 165 L Ed 2d
409 (2006). The party seeking disqualification bears the burden of proving how
prejudice will result. Kubiak v Hurr, 143 Mich App 465 (1985). The stay of district and
circuit court proceedings, ordered on March 6, 2007, is DISSOLVED.
WEAVER, J., concurs and states as follows:
I concur only in the result of the order to deny leave to appeal and dissolve the
stay in the district court and circuit court proceedings, ordered on March 6, 2007, as I am
not persuaded that the question presented should be reviewed before the completion of
the proceedings ordered by the Court of Appeals.
2
Further, I note the reasons for Justice Corrigan’s nonparticipation in the case were
stated by her in her concurrence in a previous order in this case. People v Parsons,
unpublished order of the Supreme Court, entered March 6, 2007 (Docket No. 132975).
CORRIGAN, J., not participating.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 30, 2007 _________________________________________
p0327 Clerk