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					                                      STATE OF MICHIGAN
                                         CIRCUIT COURT
                                FOR THE COUNTY OF ST. JOSEPH
                               Courthouse, Centreville, Michigan 49032
                                              * * * *

PEOPLE OF THE STATE OF MICHIGAN,
     Plaintiff

vs.                                             File No. 03-11986

DANNY GRIM
        Defendant,
____________________________________/
THOMAS J. ROBERTSON (P36177)
Attorney for Defendant
105 S. Maple
PO Box 176
Sturgis, MI 49091
269-651-4109
_____________________________________



                        MOTION FOR PRODUCTION OF DOCUMENTS


The attorney for the defendant states:

      1. On April 28, 2006, this Court entered an order appointing this attorney to represent the
         defendant. The order discharged Attorney Ronald Grubbs who previously represented the
         defendant.

      2. As far as this attorney knows, there were no proceedings pending in this court on April
         28, 2006. Apparently, the order appointing attorney entered because the Court had issued
         a writ for the defendant’s appearance in court on May 19, 2006. This attorney did meet
         with the defendant on May 19, but there was no hearing, and this attorney does not know
         why the writ was issued for the defendant’s appearance.

      3. This attorney has received no information whatsoever with regard to the defendant’s
         charges, if any, or the status of those charges. The only documentation received by this
         attorney is the April 28, 2006, order appointing attorney.

      Wherefore, it is requested that all filed local court documents, police reports, appellate court
      filings, and any other documents or materials related to this matter be delivered to this
      attorney.



 MOTION TO REMAND TO DISTRICT COURT FOR PRELIMARY EXAMINATION

      4. This attorney was appointed by the Court to replace Attorney Grubbs, who was also a
         court-appointed attorney.
   5. This attorney does not know what stage of the proceedings the case was in when the court
      discharged Attorney Grubbs, but it appears that there was a preliminary examination.

   6. This Court would not have discharged Attorney Grubbs unless the court found that a
      conflict based upon substantial grounds existed between Attorney Grubbs and the
      defendant. People v Wilson, 43 Mich App 549, People v Bass 88 Mich App 793,
      Donigan v Finn , 95 Mich App 28, People v Ginther, 390 Mich 436. An indigent
      defendant is not entitled to choose a particular lawyer, but only to representation by
      counsel who performs at least as well as a lawyer with ordinary training and skill in the
      criminal law. People v Gendron, 144 Mich App 509.

   7. A preliminary examination is a critical stage of criminal proceedings where a defendant is
      entitled to adequate legal representation. People v Bladel, 421 Mich 39. This Court’s
      discharge of Attorney Grubbs implies that the defendant did not have representation
      under the Gendron standard.

   WHERREFORE, this attorney requests that this matter be remanded to the district court for
   preliminary examination.



__________________________                          ____________________________________
                                                    Thomas J. Robertson

                                           Notice of Hearing

        Please take notice: These motions will be heard in the Circuit Court on December 28,
                                             2006 at 2:00 pm.


                                            Proof of Service

        Thomas J. Robertson states that he delivered a copy of this document to the prosecuting
                                attorney on December ____________, 2006.

				
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