No. 25-6816

Carlos Javier Figueroa v. United States

Lower Court: Second Circuit
Docketed: 2026-02-13
Status: Pending
Type: IFP
IFP
Tags: counsel-override criminal-defense defendant-autonomy ineffective-assistance sixth-amendment witness-testimony
Key Terms:
Privacy
Latest Conference: N/A
Question Presented (AI Summary)

Whether counsel violates the Sixth Amendment when counsel overrides the defendant's express request to call a witness he identifies as essential to his innocence defense, on the ground that the witness would commit perjury if called -even though counsel hadn't spoken to the witness -because counsel believed the defendant was guilty

Question Presented (OCR Extract)

In McCoy v. Louisiana , 584 U.S. 414 (2018), this Court held that (1) the Sixth Amendment guarantees a cr iminal defendant the autonomy to decide the objective of his defense, including maintaining innocence at trial despite overwhelming eviden ce of guilt; and (2) counsel who overrides that decision by conceding defendant’s guilt commits structural error requiring reversal. This Court re jected counsel's justification that he conceded defendant’s guilt because he believed the innocence claim was false or incredible in light of the evidence, holding that counsel's belief in his client’s guilt does no t authorize counsel to override a defendant’s choice to pursue innocence at trial. The question presented is: Whether counsel violates the Sixth Amendment when counsel overrides the defendant's express requ est to call a witness he identifies as essential to his innocence defens e, on the ground that the witness would commit perjury if called -even though counsel hadn’t spoken to the witness -because counsel be lieved the defendant was guilty.

Docket Entries

2026-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)
2026-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)

Attorneys

Carlos Javier Figueroa
Yuanchung LeeFederal Defenders of New York, Petitioner
Yuanchung LeeFederal Defenders of New York, Petitioner
Yuanchung LeeFederal Defenders of New York, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent