State of Tennessee v. Jeremy White

Case Number
W2001-02580-SC-R11-CD

We granted review to determine whether the Court of Criminal Appeals erred in concluding that defense counsel's dual roles as part-time assistant district attorney and defense counsel in this case created a conflict of interest requiring removal of counsel. The trial court found that defense counsel must be disqualified under the facts of this case because a "perceived" conflict of interest existed that could not be waived by the defendant. The Court of Criminal Appeals affirmed on the ground that an actual conflict of interest existed. After reviewing the record, we conclude that counsel's dual roles as prosecutor and defense counsel created an actual conflict of interest that required disqualification. Accordingly, the judgment of the Court of Criminal Appeals is affirmed.

 

Authoring Judge
Justice E. Riley Anderson
Originating Judge
Judge Arthur T. Bennett
Case Name
State of Tennessee v. Jeremy White
Date Filed
Dissent or Concur
No
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