No. 23-5379

Everett Charles Wills, II v. Louisiana

Lower Court: Louisiana
Docketed: 2023-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-10-06
Question Presented (AI Summary)

When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens rea) of the charged offense over the defendant's intransigent objection?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens rea) of the charged offense over the defendant’s intransigent objection? 2. Does McCoy v. Louisiana apply retroactively to persons whose convictions were final at the time it was decided when the criminal defendant complained that an : attorney impermissibly conceded guilt over his or her objection? 3. Is acriminal defendant deprived the benefit of counsel at a critical stage when an attorney unilaterally concedes guilt over a criminal defendant’s express objection? ii

Docket Entries

2023-10-10
Petition DENIED.
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-09-18
Waiver of right of respondent Louisiana to respond filed.
2023-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2023)

Attorneys

Everett Charles Wills
Everett Charles Wills II — Petitioner
Everett Charles Wills II — Petitioner
Louisiana
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent