State v. Jefferson

I dissent from that portion of the opinion which states:

“The attempt to withdraw was an unequivocal announcement of the attorney’s disbelief of the truthfulness of his client’s testimony.”

The United States Court of Appeals for the Ninth Circuit, in reversing the opinion of this court in State v. Lowery, 111 Ariz. 26, 523 P.2d 54 (1974), based upon a lawyer’s request to withdraw after he ascertained the defendant was committing perjury on the witness stand, stated:

“The question presented, then, is whether what here occurred amounted to such an unequivocal announcement to the fact finder as to…