US Supreme Court Will Decide Whether an Attorney Can Concede a Client's Guilt Over the Client's Express Objection.

  • Devanshi Patel,
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The case is McCoy v. Louisiana.

In 2004, and in connection with the 6th Amendment, the United Supreme Court held, in Florida v. Nixon, that it is not necessarily ineffective counsel for a lawyer to concede guilt when a client is informed of the litigation strategy and “neither consents or objects.” Nixon is distinguishable from McCoy, however, because Mr. McCoy (the defendant) objected to pleading guilty. Mr. McCoy, charged with first-degree murder of his estranged wife’s child, mother, and step-father, had consistently claimed his innocence. At trial and over Mr. McCoy’s interruptions, defense counsel conceded his client’s guilt in the hopes of sparing him the death penalty. Mr. McCoy was convicted and sentenced to death. The Louisiana Supreme Court denied Mr. McCoy’s appeal based on ineffective assistance of counsel and held that “admitting guilt in an attempt to avoid the imposition of the death penalty appears to constitute reasonable trial strategy.”

The Supreme Court will now consider whether it is unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection. The decision is expected in 2018.


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