People v. Cocuzza

In People v. Cocuzza, 413 Mich 78, 83; 318 NW2d 465 (1982), the defendant raised the issue of disqualification for the first time on appeal. The trial judge in that case had presided over a pretrial hearing at which the defendant began to plead guilty to the charges against him, but then changed his mind. Id. at 79-80. On appeal, the defendant argued that because of the trial judge's involvement in the plea hearing, he had an obligation to disqualify himself as trier of fact at the trial. Id. at 83. The Supreme Court of Michigan stated: With full knowledge of the trial judge's involvement in this matter, defendant, who was represented by counsel, elected to proceed with a bench trial before that judge. We will not reward the failure to move for disqualification, with assertion of the basis reserved for appellate purposes, by sanctioning a reversal of the defendant's conviction. Id. at 83-84.