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Appeals panel weighs whether counsel can waive conflict by affidavit after trial
Summary
Counsel for the defendant sought to raise an ineffective-assistance claim on direct appeal against his own trial performance and submitted an affidavit the defense says waived the conflict; the state argued the waiver was inadequate and that the claim is conflicted and should be addressed post-conviction.
At oral argument in a Tennessee criminal appeal, the court considered whether a defendant’s counsel may validly present an ineffective-assistance-of-counsel claim against himself on direct appeal after filing an affidavit outside the trial record.
Defense counsel acknowledged filing an affidavit and a motion but said the affidavit — executed before a notary — evidenced a knowing, voluntary waiver by the defendant to allow counsel to press the ineffectiveness claim on appeal. Counsel urged the panel to consider the affidavit and review the underlying jury-instruction issues on the merits.
The state, represented by Garrett Ward, told the panel that existing Tennessee precedent requires…
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