United States v. Freeman Holman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that two-part Strickland analysis, not Cronic’s presumption of prejudice applied where trial counsel, without client’s approval, 12 acknowledged that his client was guilty of one of numerous charges to bolster his case for innocence on the remaining charges
• noting that trial counsel may not stipulate to a defendant’s prior conviction—one of the elements of- the offense—absent the defendant’s consent
• fact that defendant filed disciplinary inquiry against his attorney is “not enough to establish an actual conflict of interest”
• in order to establish ineffective assistance, a petitioner must show that counsel was not acting as the “ ‘counsel’ guaranteed [to him] by the Sixth Amendment.”
• “Cronic only applies if counsel fails to contest any portion of the prosecution’s case; if counsel mounts a partial defense, Strickland is the more appropriate test.”
• “Though an unusual defense strategy, we have held that conceding guilt to one count of a multi-count indictment to bolster the case for innocence on the remaining counts is a valid trial strategy which, by itself, does not rise to the level of deficient performance.”

Source: CourtListener parenthetical corpus (CC0).