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.
Answered on 5/10/10, 6:57 am
Related Questions & Answers
-
I have a 20 year old son that decided it was a good idea to smoke and drink in a... Asked 4/26/10, 10:33 am in United States Tennessee Criminal Law
-
In the state of Tennessee, when an officer asks to search your vehicle and you say... Asked 3/25/10, 12:48 am in United States Tennessee Criminal Law
-
I was charged with a felony and a misdemeanor in 1994. I plead guilty to... Asked 3/18/10, 7:41 pm in United States Tennessee Criminal Law