Legal Opinion · Concurrence

Yarbrough v. State

Court of Appeals of Mississippi

Decided May 20, 2014No. 2012-CA-00292-COAPublished

1ConcurrenceJames, J.

¶23. I concur with the majority opinion in the result. However, I would find that the dispositive issue is whether the trial court erred in finding that Yar-brough waived the conflict of interest. The majority opinion, along with the trial court, concluded that an actual conflict existed. The trial court found that Yar-brough waived the conflict. The majority opinion ultimately concluded that Yar-brough did not waive the conflict. I am of the opinion that Yarbrough waived the conflict; however, it was not knowingly and intelligently made, and thus the waiver was not valid or effective.5 Also,…

2Cases cited6 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Littlejohn v. StateMississippi Supreme Court · 1992
  3. Armstrong v. StateMississippi Supreme Court · 1990
  4. Kiker v. StateMississippi Supreme Court · 2011
  5. Yarbrough v. StateCourt of Appeals of Mississippi · 2008

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