State v. Harbison

MITCHELL, Justice.

The defendant assigns as error the trial court’s denial of his motion for appropriate relief. He contends that during the closing arguments to the jury during his 1977 trial, his court appointed counsel admitted his guilt without his consent. He argues that this was ineffective assistance of counsel and violated his constitutional right to enter a plea of not guilty. We conclude that the court appointed counsel’s admission of the defendant’s guilt during the closing arguments to the jury is per se prejudicial error. The defendant is entitled to a new trial.

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