Van Alstine v. State

How courts have described this case

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

• concluding that decision to request a lesser-included offense instruction is essentially one of trial strategy and, while it is important for counsel to consult with defendant on strategy, whether failure to consult constitutes ineffective assistance depends on the facts of the case
• noting that the decision over “what trial motions should be made[ ] and all other strategic and tactical decisions are the exclusive province of the lawyer after consultation with his client”
• noting the importance of consultation between the accused and his lawyer “in such vital matters as the decision whether to pursue an ‘all or nothing’ defense and whether to request the lesser included offenses the trial court may be willing to submit to the jury”
• rejecting the 1980 ABA commentary and noting the decision to request a lesser included offense “is often based on legal complexities only the most sophisticated client could comprehend, not unlike the tactical decisions involved regarding the assertion of technical defenses”
• noting the importance of consultation between the 15 accused and his lawyer “in such vital matters as the decision whether to pursue an ‘all or nothing’ defense and whether to request the lesser included offenses the trial court may be willing to submit to the jury”
• whether to testify in his own behalf is a decision to be made by the accused after full consultation with counsel

Source: CourtListener parenthetical corpus (CC0).