U.S. justices sympathize with death row
inmate's claim against lawyer
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[January 18, 2018]
By Lawrence Hurley
WASHINGTON (Reuters) - U.S. Supreme Court
justices on Wednesday signaled sympathy toward a Louisiana death row
inmate convicted of a 2008 triple murder who is seeking a new trial
because his lawyer ignored his objections and told jurors the man had
killed the victims.
Based on questions posed by liberal and conservative justices during the
one-hour argument, it appears likely the court will decide that Robert
McCoy, 44, should receive a new trial. The ruling could be a narrow one,
with justices concerned about a broad decision that would limit the
ability of lawyers to make strategic decisions during trials.
McCoy was convicted of killing the mother, stepfather and son of his
estranged wife Yolanda McCoy in Bossier City, Louisiana. All were shot
in the head at close range.
Lawyer Larry English, hired by the defendant's parents, believed the
evidence against his client was overwhelming and sought to negotiate a
plea deal with prosecutors that would result in a life sentence. McCoy
rejected that plan.
The legal question is whether McCoy's right to legal representation at
trial under the U.S. Constitution's Sixth Amendment was violated. The
Supreme Court's ruling, due by the end of June, will set a new precedent
on whether a lawyer can concede a defendant's guilt over the client's
stated objections.
Liberal Justice Sonia Sotomayor noted that lawyers must allow clients to
have a say even if it does not help their case.
"People can walk themselves into jail. They can walk themselves,
regrettably, into the gas chamber. But they have a right to tell their
story," Sotomayor said.
'STEP BACK'
Liberal Justice Elena Kagan said the case showed a conflict between the
lawyer's objective of wanting to avoid the death penalty for the
defendant and the client's objective of not wanting to admit he killed
his wife's family members.
"The question is when that happens, does the lawyer have to step back?"
Kagan asked.
Conservative Justice Neil Gorsuch questioned whether a lawyer
substituting his own goal for a client's could even be viewed as
"assistance of counsel" under the Sixth Amendment.
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Robert McCoy appears in a booking photo provided by the Bossier
Sheriff's Office January 16, 2018. Bossier Sheriff's Office/Handout
via REUTERS
"Can we even call it assistance of counsel? Is that what it is when
a lawyer overrides that person's wishes?" Gorsuch said.
Although some justices appeared concerned about protecting a
lawyer's right to make strategic decisions, liberal Ruth Bader
Ginsburg indicated it would not be a hindrance to deciding the case
because McCoy's objection was more profound.
"He wasn't talking about strategy at that time. He just said, 'I do
not want to concede that I killed these people,'" Ginsburg said.
After McCoy was convicted of killing his estranged wife's mother
Christine Young, stepfather Willie Young and son Gregory Colston, he
obtained new lawyers and said he had been deprived of effective
assistance of counsel at trial. This claim was rejected by the trial
court and the Louisiana Supreme Court.
McCoy, arrested in Idaho days after the murders, has maintained his
innocence, saying he was out of state at the time. When he was
arrested, a gun tied to the murders was found in the 18-wheeler
truck in which he was traveling.
By the time of the 2011 trial, the relationship between client and
lawyer had broken down. English told the jury during his opening
statement that his client had killed the three victims. He sought to
argue that McCoy should be found guilty of second-degree murder
instead of the more serious first-degree murder on the grounds that
his client did not have the intent to commit the crimes. In doing
so, he hoped McCoy would avoid the death penalty.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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