Does counsel's tactical decision to concede guilt override a defendant's desire to present a defense?
California, United States of America
The following excerpt is from People v. Anton, B284084 (Cal. App. 2018):
counsel's tactical decision may not override a defendant's express desire to present a defense. (People v. Frierson (1985) 39 Cal.3d 803, 815.) This does not require a court to affirmatively inquire of a defendant if he agrees with counsel's decision to concede guilt; instead, the court need intervene only when the record expressly reflects a conflict between the defendant and his counsel on the issue. (Id. at p. 818, fn. 8.)
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