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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LAWRENCE WENDELL STEWART, Defendant-Appellant.

UNPUBLISHED April 27, 2010

No. 287286 Ingham Circuit Court LC No. 07-001591-FH

Before: SAAD, P.J., and HOEKSTRA and MURRAY, JJ. PER CURIAM. Following a jury trial, defendant appeals as of right his conviction of Medicaid fraud, MCL 400.607(1). Defendant was sentenced to 60 months' probation and to pay restitution of $92,085, plus court costs. Because we find that defendant has not overcome the presumption of judicial impartiality, we affirm. Defendant's conviction arose out of the false Medicaid billings for the surgical extraction of 41 teeth from 12 patients. The prosecutor presented evidence that none of the surgical extractions actually occurred. In response, defendant sought to establish that the Medicaid claims were the result of billing errors and of improper conduct by a disgruntled employee. During the course of the trial, there were several instances of what we charitably characterize as verbal wrangling between the trial judge and defense counsel. Defendant presented motions for mistrial and for disqualification of the trial judge, all of which were denied. On appeal, defendant contends that the denial of these motions deprived him of a fair trial. We review defendant's preserved constitutional claim to determine whether any constitutional violation occurred. Both the United States and the Michigan Constitutions guarantee a defendant the right to an unbiased and impartial decision maker. US Const, Am XIV; Const 1963, art 1,

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