Quantcast
Home / Courts / Criminal Practice – Attorneys – Defendant’s Wishes – Frivolous Defenses – Ethics (access required)

Criminal Practice – Attorneys – Defendant’s Wishes – Frivolous Defenses – Ethics (access required)

State v. Jones Even though an attorney is bound to comply with his client’s lawful instructions, defendant sought to have his attorneys present claims that they felt had no merit. Thus, the impasse was over whether defendant could compel his counsel to file frivolous motions and assert theories that lacked any basis in fact. To do so would have been a violation of the attorneys’ professional ethics. Because nothing in our case law requires counsel to present theories unsupported in fact or law, the trial court did not err in failing to instruct counsel to defer to defendant’s wishes.

Leave a Reply

Your email address will not be published. Required fields are marked *

*