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

By Tom Lincoln

No 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.

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on December 13, 2004 (boomark / email).