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FLORIDA v. NIXON

No. 03-931.

543 U.S. 175 (2004)

FLORIDA v. NIXON

Supreme Court of United States.

Decided December 13, 2004.

Attorney(s) appearing for the Case

George S. Lemieux, Deputy Attorney General of Florida, argued the cause for petitioner. With him on the briefs were Charles J. Crist, Jr., Attorney General, Carolyn M. Snurkowski, Assistant Deputy Attorney General, and Curtis M. French, Senior Assistant Attorney General.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were former Solicitor General Olson, Assistant Attorney General Wray, Deputy Solicitor General Dreeben, and Sri Srinivasan.

Edward H. Tillinghast III argued the cause for respondent. With him on the brief was Eric M. Freedman.*

GINSBURG, J., delivered the opinion of the Court, in which all other Members joined, except REHNQUIST, C. J., who took no part in the decision of the case.

JUSTICE GINSBURG delivered the opinion of the Court.

This capital case concerns defense counsel's strategic decision to concede, at the guilt phase of the trial, the defendant's commission of murder, and to concentrate the defense on establishing, at the penalty phase, cause for sparing the defendant's life. Any concession of that order, the Florida Supreme Court held, made without the defendant's express consent—however gruesome the crime and despite the strength...

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