State v. White
Tennessee Supreme Court
114 S.W.3d 469 (2003)
Attorney Mark McDaniel (defendant) represented Jeremy White in a criminal case while also working as both a part-time municipal prosecutor and an assistant district attorney with authority to prosecute state crimes in the same county; the State moved to disqualify McDaniel despite White's willingness to waive any conflict. The trial court found at least a perceived conflict requiring the state's consent to waive, and the court of criminal appeals affirmed but characterized the conflict as actual rather than perceived; McDaniel appealed.
Whether an actual conflict of interest arises when an attorney simultaneously holds both a prosecutorial position and a defense counsel position in the same jurisdiction.