State v. Berrysmith

Following an in camera hearing held outside Lionel Berrysmith’s presence on the day that his jury trial for delivery of cocaine was scheduled to begin, Berrysmith’s court-appointed attorney was permitted to withdraw on the ground that he could not dissuade Berry-smith from perjuring himself on the witness stand. In both his direct appeal and his personal restraint petition, Berrysmith contends that the in camera hearing was a critical stage of the proceedings because the motion to withdraw required the resolution of disputed facts, i.e., whether Berrysmith truly intended to commit perjury,…