Waters v. State

GIVAN, Justice,

dissenting.

I respectfully dissent from the majority opinion in this case. This case presents a mixed bag in that appellant first sought to represent himself pro se then hired counsel. Although he was represented by counsel, appellant undertook to take further action on his own including submitting affidavits to the post-conviction court.

Under the circumstances, I think it was the prerogative of counsel to examine the case in its entirety and determine what possible valid issues could be presented to the court. I do not believe he should be required to validate and argue contentions made by appellant regardless of their merit. I see nothing in the record in this case which would indicate that counsel neglected to present issues which, had they been presented, would have resulted in relief.

I find no showing of inadequate répre— sentation. I would affirm the trial court.