No. 21-1146

Gary McClain v. Texas

Lower Court: Texas
Docketed: 2022-02-17
Status: Denied
Type: Paid
Tags: client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-04-22
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-02-15
Petition for a writ of certiorari filed. (Response due March 21, 2022)

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