Legal Opinion

Thompson v. Cain

Court of Appeals of Oregon

Decided December 12, 2018No. A164126PublishedCited by 2 opinions

1Opinion of the CourtJames, J.

*435In this case we are asked to determine whether criminal defense counsel renders constitutionally ineffective assistance under the Sixth Amendment to the United States Constitution when counsel decides to concede a defendant's guilt as to some charges in closing argument after discussing that strategy with the defendant-but in that discussion defendant neither affirmatively acquiesces nor rejects the proposed strategy, but, rather, simply maintains his innocence. We conclude that resolution of that question requires a factual inquiry into what was the defendant's fundamental objective for the *774r…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Faretta v. CaliforniaSupreme Court of the United States · 1975
  4. Jones v. BarnesSupreme Court of the United States · 1983
  5. Arizona v. FulminanteSupreme Court of the United States · 1991

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3Cited by2 opinions

  1. People v. Flores, California Court of Appeal, 5th District2019
  2. Nichols v. PerssonCourt of Appeals of Oregon · 2020

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