Robert McCoy was arrested for three murders in 2008. After being found indigent, the court appointed him a public defender. In 2009, McCoy made a motion to remove his public defender because he was not convinced that the attorney was arguing for his innocence. After the court granted his motion, McCoy represented himself until he found a new attorney to present his case. The new counsel advised McCoy to take a plea deal. Throughout his representation by both the public defender, and the new counsel, and when he was representing himself, he had consistently maintained that he was innocent of the murders.
McCoy subsequently refused to take a plea deal, and his counsel overrode his veto and notified him that they would be conceding his guilt in arguing for verdicts of second degree murder rather than the first-degree murders as originally charged. McCoy attempted to have his counsel discharged, but the court denied his motion. The jury found him guilty on three first degree murder charges, and recommended the death penalty. McCoy appealed, and the Louisiana Supreme Court denied, affirming the convictions of the lower court. The court reasoned the concession of guilt was a strategic decision meant for the betterment of the client, and that therefore the concession was not akin to abdicating a defense.
The question before the court is, when a defense counsel chooses to concede a criminal defendant’s guilt over the that defendant’s express objections, does that violate the defendant’s sixth amendment right to assistance of counsel?
Jay Schweikert attended the oral argument and joins us to discuss the case.
Featuring:
Jay Schweikert, Policy Analyst, Project on Criminal Justice, Cato Institute.

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