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State v. White | 114 S.W.3d 469 (2003)
The Sixth Amendment guarantees criminal defendants the right to counsel. But can a defendant choose any attorney, even if that attorney is a prosecutor? In State versus White, the Tennessee Supreme Court explores the interplay between a defendant’s right to counsel and an attorney’s ethical responsibility to avoid conflicts of interest.
After a grand jury in Shelby County, Tennessee indicted Jeremy White for multiple felonies, he hired attorney Mark McDaniel to defend him. During that same time, McDaniel was also practicing as a part-time assistant district attorney with authority to prosecute crimes in Shelby County. Before White’s case went to trial, the state of Tennessee moved to disqualify McDaniel from representing White.
The trial court disqualified McDaniel based on a perceived conflict of interest. The trial court also barred White from waiving the conflict without the state’s consent. White appealed to the criminal appeals court, which affirmed the trial court judgment but found an actual conflict of interest rather than a perceived one. White then appealed to the Tennessee Supreme Court.
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