JusticiabilityDoctri
Whether defense counsel's concession of guilt during the guilt phase of trial, without the client's permission, violates the client's Sixth Amendment right to autonomy and constitutes structural error warranting a new trial
QUESTION PRESENTED This Court held in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), that defense counsel may not concede his client’s guilt in the guilt phase of trial if the client insisted that the defense was the client was not guilty. If defense counsel conceded his client’s guilt in closing argument during the guilt phase of trial, without the client’s permission, does that concession violate the client’s Sixth Amendment secured autonomy constituting structural error and warranting a new trial by blocking the client’s right to make fundamental choices about his own defense?