State v. Ricky Usrey

¶36 I concur as to Issue 1.1 concur as to Issue 2, but write separately to express my concern about the State’s argument and the trial court’s approach in this case.

¶37 I begin by noting that Usrey did not allege ineffective assistance of counsel in this case. He objected to his counsel testifying against him at the hearing on his motion to withdraw his guilty plea on the basis of his attorney-client privilege. The State argued that Usrey waived this privilege by filing a motion to withdraw his guilty plea. While this Court avoids the State’s argument and the problem of Usrey1 s attorney…