Weatherall v. State

Here there are two writs of error, challenging the competency of trial counsel and the sentences imposed. Each issue will be considered separately.

Challenge to Competency of Trial Counsel.

The state public defender’s office has been substituted for retained trial counsel as to the seeking of postconviction relief for this defendant. Successor counsel attacks the conduct of the defense by trial counsel. Here, as is often enough the case, 1 this tempts postconviction counsel to stress what he would have done differently had he conducted the defense at time of trial. 2 Our court has called this…