State of Tennessee v. Corey Forest - Concurring

Syllabus

I concur with the majority opinion in this case. I write separately to expand upon what I feel is the inappropriate procedure employed during this post-conviction proceeding. I am unaware of any authority that allows a trial counsel to allege ineffective assistance of counsel against himself or herself. Trial counsel in this case had a clear conflict of interest. See Frazier v. State, 303 S.W.3d 674, 682-83 (Tenn. 2010) (noting that an attorney in a post-conviction proceeding who had represented the petitioner on direct appeal had a clear conflict of interest) see also Velarde v. United States, 972 F.2d 826, 827 (7th Cir. 1992) (\[T]rial counsel … can hardly be expected to challenge … his own ineffectiveness.\) (quoting United States v. Taglia, 922 F.2d 413, 418 (7th Cir. 1991)). Attorneys are obligated to avoid ethical violations in their practice of law. Frazier, 303 S.W.3d at 683.