Legal Opinion

McCollum v. State

Court of Appeals of Mississippi

Decided February 23, 2016No. 2014-KA-01522-COAPublishedCited by 7 opinions

1Opinion of the Court

WILSON, J.,

for the Court:

¶ 1. A defendant in a criminal case has a constitutional right to an attorney.1 If he cannot afford an attorney, he has a right to have an attorney appointed for him.2 He also has a right to a reasonably effective attorney.3

¶2. However, as this Court has reasoned, “a defendant - may not use his light to counsel to hinder trial.”4 Thus, some courts have recognized that a trial judge “must have the ability to find that a defendant has forfeited his right to counsel” if the defendant repeatedly manufactures conflicts with court-appointed counsel for the purpose of…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Sibron v. New YorkSupreme Court of the United States · 1968

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3Cited by7 opinions

  1. Donald Mitchell v. State of MississippiCourt of Appeals of Mississippi · 2017
  2. Charles Webber v. State of MississippiCourt of Appeals of Mississippi · 2016
  3. Charles Webber v. State of MississippiCourt of Appeals of Mississippi · 2016
  4. Donald Mitchell v. State of MississippiCourt of Appeals of Mississippi · 2017
  5. Leon Trevino a/k/a Leon Jesse Trevino a/k/a Leon J. Trevino v. State of MississippiCourt of Appeals of Mississippi · 2024

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