Opinion
No. 132975.
March 30, 2007.
Appeal from the Court of Appeals No. 273560.
Leave to Appeal Denied March 30, 2007.
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 before 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 (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.
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. 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 People v Parsons, unpublished order of the Supreme Court, entered March 6, 2007 (Docket No. 132975).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., did not participate.