IN RE DISBARMENT OF MCCLURKIN

U.S. | 1989-01-17
No. D-756
488 U.S. 1026 Supreme Court of the United States (1989) Positive Treatment
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  • Rose v. State, 675 So. 2d 567 (Fla. 1996)
    …posture at the penalty phase. “When a defendant preempts his attorney’s strategy by insist [*577] ing that a different defense by followed, no claim of ineffectiveness can be made.” Mitchell v. Kemp, 762 F. 2d 886, 889 (11th Cir.1985), cert. denied, 488 U.S. 1026, 107 S.Ct. 3248, 97 L.Ed.2d 774 (1987). Id. at 294. It is apparent that the present majority has decided not to follow that Rose decision. But in my view, that decision has the force of logic. It is obvious to me that the majority does not want to…

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