Is an attorney's decision to concede guilt in the sentencing phase of a trial an unreasonable tactical decision?
MultiRegion, United States of America
The following excerpt is from Stenson v. Lambert, 504 F.3d 873 (9th Cir. 2007):
An attorney's decision to concede guilt in the sentencing phase of a trial is not necessarily an unreasonable tactical decision. Florida v. Nixon, 543 U.S. 175, 176-77, 125 S.Ct. 551, 160 L.Ed.2d 565 (2004). When the evidence against a defendant in a capital case is overwhelming and counsel concedes guilt in an effort to avoid the death penalty, "counsel cannot be deemed ineffective for attempting to impress the jury with his candor[.]" Id. at 192, 125 S.Ct. 551.
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