Appeals court hears dispute over denied private counsel, mistrial wording and autopsy testimony

Summary

At oral argument in an appeal from Shelby County, attorneys debated whether a defendant was wrongly denied substitution of privately retained counsel, whether a judge's wording created double-jeopardy problems, and whether autopsy photographs and testimony raised confrontation rights and plain-error issues.

An appellate panel heard argument on an appeal from Shelby County in which defense counsel contended the defendant was denied his constitutional right to counsel of his own choosing after family members retained private attorneys for post-trial proceedings.

The appellant's lawyer argued that although the defendant was found indigent, privately retained counsel had been provided and the trial court erred by refusing substitution before a hearing on a motion for a new trial. "What we've got is after the trial, after the sentencing, this defendant attempted to hire a new counsel or hired new counsel and that counsel attempted to substitute as counsel of record to handle the motion for new trial," counsel said during oral argument.

Why it matters: The lawyer told the court that many of the issues in the appellant's lengthy brief are plain-error matters that defense counsel could have raised in the trial court if substituted counsel had been allowed to prepare and preserve them for a motion for new trial. Allowing substitution,…

Appeals court hears dispute over denied private counsel, mistrial wording and autopsy testimony

Summary

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