State v. Jones, 220 N.C.App. 392, 725 S.E.2d 415 (May. 1, 2012)

An absolute impasse did not occur when trial counsel refused to abide by the defendant’s wishes to pursue claims of prosecutorial and other misconduct that counsel believed to be frivolous. Under the absolute impasse doctrine counsel need only abide by a defendant’s lawful instructions with respect to trial strategy. Here, the impasses was not over tactical decisions, but rather over whether the defendant could compel counsel to file frivolous motions and assert theories that lacked any basis in fact. The court concluded: “Because nothing in our case law requires counsel to present theories unsupported in fact or law, the trial court did not err in failing to instruct counsel to defer to Defendant’s wishes.”

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