Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v MAHIR JABOW, Defendant-Appellant.

UNPUBLISHED March 25, 2008

No. 275721 Wayne Circuit Court LC No. 04-011314-01

Before: Servitto, P.J., and Hoekstra and Markey, JJ. PER CURIAM. Following a bench trial, defendant was convicted of felonious assault against Nathaniel Moore, MCL 750.82, and possession of a firearm during the commission of a felony, MCL 750.227b.1 The trial court sentenced defendant to 1 to 4 years in prison for the felonious assault conviction and 2 years in prison for the felony-firearm conviction. This Court initially denied defendant's delayed application for leave to appeal. People v Jabow, unpublished order of the Court of Appeals, entered October 6, 2006 (Docket No. 269954). In lieu of granting leave to appeal, the Supreme Court remanded this case to this Court for consideration as on leave granted. People v Jabow, 477 Mich 996; 725 NW2d 668 (2007). Because we conclude that the trial court's conduct at the bench trial did not demonstrate bias or antagonism toward defendant, that the evidence produced below supports defendant's convictions, and that defendant was not denied the effective assistance of counsel at trial, we affirm. Defendant first argues that the trial court demonstrated bias during its questioning of two of defendant's character witnesses, thereby violating his due process rights. This Court reviews unpreserved challenges of judicial bias for plain error. People v Carines, 460 Mich 750, 762763; 597 NW2d 130 (1999). To establish plain error, defendant must demonstrate that there was error, and that the error was plain or obvious and affected his substantial rights. Id. at 763; People v Grant, 445 Mich 535, 548-549, 552; 520 NW2d 123 (1994). No person may be deprived of life, liberty, or property without due process of law. US Const, Am V; Const 1963, art 1,

Download PEOPLE OF MI V MAHIR JABOW.pdf

Michigan Law