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Appellate panel hears claim that local practice of two defense lawyers disadvantaged Jenkins
Summary
At oral argument, defense counsel said a local practice of assigning two attorneys—one compensated, one effectively unpaid—created an equal-protection problem for Mr. Jenkins; the State called the change invited error and said Jenkins suffered no prejudice. The court took the case under advisement.
Ben Russ, attorney for defendant Mr. Jenkins, told a Tennessee appellate panel that an equal-protection problem arises when indigent homicide defendants in the Davidson County practice routinely receive two defense attorneys while similarly situated defendants elsewhere do not. "Mr. Jenkins is not being treated like other indigent defendants in Davidson County because he can't have two lawyers who are compensated," Russ told the court.
Russ said trial counsel Jody Bell had asked the trial court to appoint a compensated second…
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