Criminal
Jan. 31, 2019
LA DA concedes new trial retroactively based on high court ruling
Defense attorneys believe this is the first case on writ involving the application of the McCoy decision, which said the Sixth Amendment rights of a defendant allows him or her to “choose the objective of his defense and to insist that his counsel refrain from admitting guilt,” even when, in the attorney’s professional judgment, admission of guilt is in the defendant’s best interest.
The Los Angeles County district attorney's office has conceded that a defendant sentenced to life will have a new trial based on the fact he had opposed his defense attorney's plan to plead guilty to a rape charge in hopes the jury would not convict on kidnapping and impose life.
Attorneys from Quinn & Dworakowski LLP filed the state writ concurrently with a federal petition on behalf of the defendant, who was convicted in 2013, ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In
Enewsletter Sign-up
Related Content
Constitutional Law
McCoy v. Louisiana
Sixth Amendment guarantees right of defendant to decide 'that objective of the defense is to assert innocence.'
