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Member since 11/2004

December 13, 2004

No Booker/Fanfan Today, but Unanimous Opinion in Florida v. Nixon

Supreme_large_sealNo Booker/Fanfan today, so continue dealing with the status quo at least until January 11th, 2005. Among the opinions the Court issued today is Florida v. Nixon, 543 U.S. --, No. 03-931 (Dec. 13, 2004), a capital case, in which a unanimous (without participation by the Chief Justice) Supreme Court ruled that counsel's admission of defendant's guilt, without defendant's consent, was not per se ineffecftive assistance of counsel. Justice Ginsburg delivered the opinion of the Court.  It distinguishes between a guilty plea and counsel's admission of his client's guilt as a strategy to save his life.

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