Legal Question in Criminal Law in Tennessee

Can a public defender represent a defendant for post conviction relief in Tennessee?


Asked on 5/05/10, 5:54 am

1 Answer from Attorneys

Yes, it happens all the time. Often the defendant is in custody (jail or Tennessee Department of Corrections). The usual procedure is for the defendant to file a short "skelton" petition, the trial judge looks at it, and if there is a "colorable claim" (reasonable basis) to believe the petition is justified, the judge appoints either the public defender or a member of the private bar to file any amendments needed and then argue the petition at a hearing.

The biggest single reason the pubic defender would NOT be appointed is if the defendant is alleging ineffective assistance of counsel, and his attorney at trial was a public defender.

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Answered on 5/10/10, 6:57 am


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