# Long v. State

> Court of Criminal Appeals of Tennessee · February 8, 1974 · 510 S.W.2d 83

URL: https://www.frixlaw.com/law-library/cases/9667312

## Case

- **Full name:** Jerry Bates LONG, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error
- **Court:** Court of Criminal Appeals of Tennessee
- **Decided:** February 8, 1974
- **Citations:** 510 S.W.2d 83; 1974 Tenn. Crim. App. LEXIS 295
- **Precedential status:** Published
- **Opinion:** Concurrence by O'Brien
- **Judges:** Oliver, O'Brien, Walker
- **Cited by:** 68 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9667312

## Opinion text

O’BRIEN, Judge
(concurring).
I am not disposed to argue with the propositions of law stated in the majority opinion. However, the issue raised in the post-conviction petition was incompetency of counsel who, in this instance, was privately retained. The majority opinion discusses the allusion in the trial judge’s findings to the law that actions or non-action of retained counsel are imputed to the defendant alone, and then discourses at length on the nonoccurrence of State action where retained counsel are involved.
My review of this record satisfies me that the only issue raised in the petition is the adequacy of counsel and I am simply not wedded to the proposition that representation by retained counsel can never fall below standards of competence which would not result in a constitutional abrogation.
Otherwise, I concur fully with the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9667312. Public record. Not legal advice.