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State V Moriarty, 361 S W 2d 133Casetext Form

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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 cour

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