McCoy v. Louisiana

In 2008, Louisiana resident Robert McCoy was charged with the murder of his estranged wife's son, mother, and step-father; the prosecution sought the death penalty. He was initially appointed counsel from the public defender's office, but intractable disagreements arose, and he discharged his public defender. McCoy's parents hired a new lawyer, Larry English. As McCoy was charged with a capital offense, his trial was divided into two phases: a "guilt phase" to determine if McCoy was guilty of the crime, and a "penalty phase" to determine the sentencing. English believed the evidence against McCoy was overwhelming and saw no hope of winning an acquittal. When English explained this strategy to McCoy, he protested, insisting he was innocent of the crime and seeking to have English removed as his counsel. McCoy testified in his own defense, presenting a complex alibi involving an interstate police conspiracy to frame him. The jury convicted him of all three homicides. During the penalty phase, English argued that the jury should have mercy on McCoy in light of his "serious mental and emotional issues." McCoy appealed to the Louisiana Supreme Court, arguing that the trial court should not have allowed English to concede over McCoy's objections. which determined that a lawyer could concede the defendant's guilt where the defendant neither expressly objected to nor opposed making such a concession. ==Opinion of the Court==

On May 14, 2018, the Supreme Court announced judgment in favor of the accused, reversing the state court by a vote of 6-3. The Court held that the Sixth Amendment to the United States Constitution guarantees a defendant the right to choose the objective of the defense. The Court grounded its decision in the right of self-representation recognized in Faretta v. California. The choice about which McCoy and English disagreed—whether to concede guilt in the hope of avoiding a death sentence, or to maintain innocence at all costs—was one only the defendant may make. The Court declined to apply its ineffective-assistance-of-counsel framework, reasoning that McCoy's complaint was not about English's competence but rather about the trial court's ruling that English could proceed with his trial strategy of conceding guilt. The Court further held that violating a defendant's Sixth Amendment autonomy right constitutes structural error. McCoy was therefore not required to show that the error prejudiced his defense in order to receive a new trial. Because both the actus reus and the mental state must be proven for a first-degree murder conviction in Louisiana, Alito argued, English had not actually conceded McCoy's guilt of the first-degree murder charge. Alito also argued that the Court's decision would have problematic implications for trial attorneys deciding whether to concede certain elements of a charged offense. For example, in defending a client charged with possession of a firearm by a convicted felon, Alito noted, the Court's decision left unclear whether an attorney would be bound by the client's frivolous insistence on refusing to admit that he had a prior felony conviction, which could easily be proven. == Subsequent Developments ==

McCoy was moved from Louisiana's death row at Angola State Prison to the maximum security unit at the Bossier Parish Correctional Center to be held for retrial. Initial hearings were scheduled for May 22, 2023. Bossier Parish prosecutors intended to again pursue first-degree murder charges. During pretrial hearings, defense counsel petitioned for a mental health evaluation, claiming that McCoy lacked an understanding of the situation and was unable to assist with preparing his own defense. The judge approved the request in January 2024. In July 2024, the judge concurred with a panel of three doctors that McCoy lacked the mental capacity to defend himself. McCoy was ordered to Feliciana Forensic Facility for treatment, with status updates to be sent to the judge every 90 days. == References ==