WILLIE LEE MCNEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Willie Lee McNeal appealed his first-degree murder conviction, claiming ineffective assistance of counsel because his trial lawyer conceded in closing argument that the evidence at best proved manslaughter rather than murder. The Florida appellate court affirmed the conviction, holding that courts should not second-guess counsel's tactical and strategic decisions during effectiveness reviews.
The court held that trial counsel's tactical and strategic decisions, including halfway concessions to the truth to gain credibility with the jury, should not be subject to post-conviction review for effectiveness of counsel based on hindsight second-guessing by courts.
[1] A defense counsel's discretionary or judgmental trial strategy, whether tactical or strategic, should not be reviewed for effectiveness of counsel based on hindsight.
[2] Defense counsel may make concessions to the truth during summation to appear reasonable and gain jury credibility without client's express approval.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We do not think courts should review any specific discretionary or judgmental act or position of trial counsel, whether tactical or strategic, on an inquiry as to effectiveness of counsel.”
Establishes the court's core holding that tactical and strategic decisions are not subject to post-conviction effectiveness review
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Join FLexlaw to unlock all legal intelligenceMcNeal was convicted of first-degree murder, a capital crime. His trial counsel argued in summation to the jury that the State's evidence, at most, pr…
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COWART, Judge.
In his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief appellant claimed the denial of his constitutional right to the effective assistance of counsel during his trial for the capital crime of first degree murder because his counsel, in summation to the jury, argued that, at most and at best, the one and only logical result of the State’s evidence was proof of manslaughter.
The jury rejected this argument and convicted appellant of first degree murder, which conviction was affirmed on appeal. Now appellant turns on his trial counsel, citing federal cases and cases from other states where courts have from hindsight second-guessed counsel’s judgment and unsuccessful trial strategy and declared that in doing or not doing some act, defense counsel abdicated his function and his client’s cause. We do not think courts should review any specific discretionary or judgmental act or position of trial counsel, whether tactical or strategic, on an inquiry as to effectiveness of counsel. See Baker v. State, 404 So. 2d 1151 (Fla. 5th DCA 1981); Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981); Brown v. State, 404 So. 2d 157 (Fla. 5th DCA 1981); Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981).
When faced with the duty of attempting to avoid the consequences of overwhelming evidence of the commission of an atrocious crime, such as a deliberate, considered killing without the remotest legal justification or excuse, it is commonly considered a good trial strategy for a defense counsel to make some halfway concessions to the truth in order to give the appearance of reasonableness and candor and to thereby gain credibility and jury acceptance of some more important position. To be effectual, trial counsel should be able to do this without express approval of his client1 and without risk of being branded as being professionally ineffective because others may have different judgment or less experience.
AFFIRMED.
FRANK D. UPCHURCH and SHARP, JJ., concur. . A trial is always a matter of calculated risks — the lawyer makes the calculations — the client takes the risks.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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Griffin v. State, 866 So. 2d 1 (Fla. 2003)…g ineffective assistance of counsel. “[A]ny specific discretionary or judgmental act or position of trial counsel, whether tactical or strategic, on an inquiry as to effectiveness of counsel” will not be considered under Strickland. McNeal v. State, 409 So. 2d 528, 529 (Fla. 5th DCA 1982). Sometimes a concession of guilt to some of the prosecutor’s claims is good trial strategy and within defense counsel’s discretion in order to gain credibility and acceptance of the jury. As explained by the district court i…
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Jones v. State, 845 So. 2d 55 (Fla. 2003)…ial counsel should be able to do this without express approval of his client and without risk of being branded as being professionally ineffective because others may have different judgments or less experience.” Id. at 230 (quoting McNeal v. State, 409 So. 2d 528, 529 (Fla. 5th DCA 1982)). We therefore conclude that “the trial court properly denied [Jones’s] claim that defense counsel was ineffective for making certain concessions without [Jones’s] consent.” Atwater, 788 So. 2d at 232. Jones next claims tha…
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Atwater v. State, 788 So. 2d 223 (Fla. 2001)…ssary in light of the overwhelming evidence of guilt. The State further contends counsel’s action was proper even without [*230] Atwater’s knowledge or consent, in accord with McNeal v. Wainwright, 722 F. 2d 674 (11th Cir.1984), and McNeal v. State, 409 So. 2d 528 (Fla. 5th DCA 1982). At the evidentiary hearing below, defense co-counsel White testified that as an experienced attorney of seventeen years with five or six capital trials and over a hundred criminal trials, he did not believe Atwater had a chance…1 / 3
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981)
- Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981)
- Baker v. State, 404 So. 2d 1151 (Fla. 5th DCA 1981)
- Brown v. State, 404 So. 2d 157 (Fla. 5th DCA 1981)