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6 Tennessee opinions name it 2 courts 1997–2023 1 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Faretta v. Californiagreen2 sentences2023In Faretta, the United States Supreme Court stated: - 25 - [W]hatever else may or may not be open to him on appeal, a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of “effective assistance of counsel.” 422 U.S. at 835, n. 46 . 2012As such, “a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of the ‘effective assistance of counsel.’” Faretta v. California, 422 U.S. 806 , 834 n.46 (1975). | 4 | 5 |
State v. Goodwingreen2 sentences2011However, our supreme court has held “that when a defendant forfeits or waives the right to counsel, regardless of whether the waiver is explicit or implicit, he or she also forfeits or waives the right to effective assistance of counsel.” State v. Carruthers, 35 S.W.3d 516, 551 (Tenn. 2000); see also Faretta v. California, 422 U.S. 806 , 834 n.46 (1975) (“[A] defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of ‘effective assistance of counsel.’”); State v. Small, 988 S.W.2d 671, 673 (Tenn. 1999) (“One who knowingly an 2000See Small, 988 S.W.2d at 673 ; State v. Goodwin, 909 S.W.2d 35, 45 (Tenn. Crim.App.1995); Cf. Faretta, 422 U.S. at 835 n. 46, 95 S.Ct. at 2541 n. 46 (“[W]hat-ever else may or may not be open to him on appeal, a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of effective assistance of counsel.”). 31 Carruthers also argues that his right to counsel was violated when the trial court allowed Sayle to withdraw as advisory counsel. | 2 | 2 |
State v. Smallgreen2 sentences2011However, our supreme court has held “that when a defendant forfeits or waives the right to counsel, regardless of whether the waiver is explicit or implicit, he or she also forfeits or waives the right to effective assistance of counsel.” State v. Carruthers, 35 S.W.3d 516, 551 (Tenn. 2000); see also Faretta v. California, 422 U.S. 806 , 834 n.46 (1975) (“[A] defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of ‘effective assistance of counsel.’”); State v. Small, 988 S.W.2d 671, 673 (Tenn. 1999) (“One who knowingly an 2000See Small, 988 S.W.2d at 673 ; State v. Goodwin, 909 S.W.2d 35, 45 (Tenn. Crim.App.1995); Cf. Faretta, 422 U.S. at 835 n. 46, 95 S.Ct. at 2541 n. 46 (“[W]hat-ever else may or may not be open to him on appeal, a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of effective assistance of counsel.”). 31 Carruthers also argues that his right to counsel was violated when the trial court allowed Sayle to withdraw as advisory counsel. | 2 | 2 |
State v. Melsongreen1 sentence2012Likewise, this court has previously held that a defendant may not bring a claim of ineffective assistance of standby counsel3 because the “right of a defendant to participate in his own defense is an alternative one.” Bradfield, 973 S.W.2d at 945 (quoting State v. Melson, 638 S.W.2d 342, 359 (Tenn. 1982), cert. denied, 459 U.S. 1137 (1983)). | 1 | 1 |
State v. Carruthersgreen1 sentence2011However, our supreme court has held “that when a defendant forfeits or waives the right to counsel, regardless of whether the waiver is explicit or implicit, he or she also forfeits or waives the right to effective assistance of counsel.” State v. Carruthers, 35 S.W.3d 516, 551 (Tenn. 2000); see also Faretta v. California, 422 U.S. 806 , 834 n.46 (1975) (“[A] defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of ‘effective assistance of counsel.’”); State v. Small, 988 S.W.2d 671, 673 (Tenn. 1999) (“One who knowingly an | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cole v. State
green
2 sentences1997If the defendant is claiming his own ineffective assistance, his argument is without merit as the pro se defendant “assumes the responsibility for his inadequacies.” Cole v. State, 798 S.W.2d at 264 . “[A] defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of the effective assistance of counsel.” Faretta v. California, 422 U.S. 806, 834 , 95 S.Ct. 2525, 2541 , 45 L.Ed.2d 562 n.46 (1975). 1997If the defendant is claiming his own ineffective assistance, his argument is without merit as the pro se defendant “assumes the responsibility for his inadequacies.” Cole v. State, 798 S.W.2d at 264 . “[A] defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of the effective assistance of counsel.” Faretta v. California, 422 U.S. 806, 834 , 95 S.Ct. 2525, 2541 , 45 L.Ed.2d 562 n. 46 (1975). | 2 | 1997–1997 |
State v. Bradfield
green
1 sentence2012Likewise, this court has previously held that a defendant may not bring a claim of ineffective assistance of standby counsel3 because the “right of a defendant to participate in his own defense is an alternative one.” Bradfield, 973 S.W.2d at 945 (quoting State v. Melson, 638 S.W.2d 342, 359 (Tenn. 1982), cert. denied, 459 U.S. 1137 (1983)). | 1 | 2012–2012 |
Bolder v. Missouri
green
1 sentence2012Likewise, this court has previously held that a defendant may not bring a claim of ineffective assistance of standby counsel3 because the “right of a defendant to participate in his own defense is an alternative one.” Bradfield, 973 S.W.2d at 945 (quoting State v. Melson, 638 S.W.2d 342, 359 (Tenn. 1982), cert. denied, 459 U.S. 1137 (1983)). | 1 | 2012–2012 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.