McCoy v. Louisiana
United States Supreme Court
138 S. Ct. 1500 (2018)
Robert McCoy (defendant) insisted he did not commit the murders of his estranged wife's family despite overwhelming evidence against him. His retained attorney, Larry English, believed conceding guilt was the only way to avoid the death penalty and told the jury in opening statements that McCoy had killed the victims, over McCoy's repeated objections; the trial court refused to let English withdraw so close to trial. McCoy testified in his own defense with an unlikely alibi, and English again conceded McCoy's guilt in closing while urging mercy based on his mental and emotional issues. The jury sentenced McCoy to death, and after the Louisiana Supreme Court affirmed, the U.S. Supreme Court granted review given a split among state courts on whether this violates the Sixth Amendment.
Whether conceding a client's guilt over the client's express objection violates the right to assistance of counsel and constitutes structural error reversible without a showing of prejudice.