Where an accused faces concurrent criminal proceedings and the pendency of one proceeding materially inhibits the accused's free exercise of the right to give evidence in the other, refusal to adjourn the lesser proceeding may constitute a miscarriage of justice warranting the quashing of convictions. The miscarriage may be established even where counsel's advice was overly conservative rather than flagrantly incompetent, provided the decision not to give evidence was materially affected by the extraneous proceeding. An affidavit from trial counsel may be used on appeal to establish the factual basis for the forensic decision.
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