Lindemer, J. Coleman and Fitzgerald, JJ., concurred with Lindemer, J. Williams, J., Concurring. Levin, J. (concurring). Ryan, J., took no part in the decision of this case. Kavanagh, C. J., Dissenting.
1. -- Trial -- Evidence -- Motion to Supress.
A motion to suppress evidence must be made prior to trial or, within the trial court's discretion, at trial to allow the Judge to make the initial determination and to finely tune the facts for appellate review.
2. -- Trial -- Impartiality of Jury -- Examination of Witnesses -- Presence of Defendant.
Examination of witnesses and jurors by the court in chambers in the absence of the defendant concerning suspected tainting of the jury's impartiality was not erroneous where all counsel were present at the examination and the absence of the defendant did not abrogate his right to exercise those privileges which could have been exercised had he been present.
3. -- Joint Trials -- Severance.
Denial of a defendant's motion for a separate trial is not an abuse of discretion unless there is an affirmative showing of prejudice to substantial rights of the accused; no abuse of discretion is demonstrated where defenses of the co-defendants differed but were not inconsistent (MCL 768.5; MSA 28.1028).
4. -- Trial -- Presence of Accused -- Presence of Counsel.
The presence of defense counsel at trial does not make the presence of the represented defendant unnecessary.
5. -- Right to Confrontation -- Trial -- Presence of Accused.
The accused's right to be present at every stage of his trial is one of the most basic of the rights guaranteed by the Confrontation Clause of the Constitution; this right cannot be defeated by conducting proceedings in chambers or by proceeding in the presence of his counsel only.
6. -- Right to Confrontation -- Trial -- Presence of Accused.
The standard by which to determine whether reversible error occurred by proceeding in the absence of the defendant is whether there is any reasonable possibility of prejudice to the defendant.
7. -- Constitutional Law -- Presence of Accused.
The Sixth and Fourteenth Amendments confer on the accused the right to be present during the conduct of the prosecution; he has the right to give advice or suggestion or even to supersede his lawyers and conduct the trial himself.
8. -- Constitutional Law -- Presence of Accused -- Waiver.
A valid waiver of the right of the accused to be present at all stages of the proceedings requires an intentional relinquishment or abandonment of a known right or privilege; waiver will not be presumed from a silent record and a ...