State v. Powell , 277 N.C. 672 ( 1971 )

Justice Huskins

concurring:

It is noted that defendant’s court-appointed trial counsel was the same lawyer defendant himself had employed before indigency overtook him. Despite the fact that this lawyer won a new trial for defendant on a former appeal, defendant requested his dismissal because his services, for reasons unknown, had become unsatisfactory. He sought to assign as error in this Court the fact that the trial judge refused to conduct a voir dire inquiry into the alleged incompetency of his dismissed counsel.

Defendant’s present counsel were appointed to perfect his appeal. They have prepared his case well and presented it ably. Yet defendant will no doubt attack them and question their competency in some future post conviction or habeas corpus proceeding. Seemingly, it has become fashionable for those who enjoy the benefits of assigned counsel to try their lawyer instead of their case. I fully concur in the majority opinion and, at the same time, reject defendant’s attempt to discredit his trial counsel. Competent lawyers are entitled to some protection from the slings and arrows of unappreciative clients.