green
Positive treatment
Hot · 103 in 5y
Doctrinal family: Gonzalez v. United States ↗
Issue: personal waiverKY ↗
Issue: right to make defenseMI ↗
Issue: personal privilegeMA ↗
Issue: reasonable doubt standardDE ↗
Quoted verbatim 16×
95.9 score
G Cite
cited 9× by 8 distinct cases, 2019–2026 · 7 courts ·
…what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.
at p. 248
⚠ not in text
cited 7× by 4 distinct cases, 2009–2012 · 3 courts ·
…some basic trial choices are so important that an attorney must seek the client's consent in order to waive the right.
at p. 250
⚠ not in text
cited 5× by 5 distinct cases, 2002–2021 · 2 courts ·
…numerous choices affecting conduct of the trial, including the objections to make, the witnesses to call, and the arguments to advance, depend not only upon what is permissible under the rules of evidence and procedure but also upon tactical considerations of the moment and the …
at p. 249
⚠ not in text
Topic ↗
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002
2014
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
United States v. Robinson
to hold that every instance of waiver requires the personal consent of the client himself or herself would be impractical.
discussed
Cited as authority (verbatim quote)
Com. v. Andrews, A.
decisions by counsel are generally given effect as to ... what agreements to conclude regarding the admission of evidence
discussed
Cited as authority (verbatim quote)
Zebadiah Kellogg-Roe v. Warden, NH State Prison
(2×)
also: Cited as authority (rule)
tactical decisions" through which 29 counsel may effect waiver include "the objections to make, the witnesses to call, and the arguments to advance
discussed
Cited as authority (verbatim quote)
Kellogg-Roe v. NH State Prison, Warden
(2×)
also: Cited as authority (rule)
tactical decisions" through which counsel may effect waiver include "the objections to make, the witnesses to call, and the arguments to advance
discussed
Cited as authority (verbatim quote)
Com. v. McBrearty, R.
giving the attorney control of trial management matters is a practical necessity. the adversary process could not function effectively if every tactical decision required client approval.
examined
Cited as authority (verbatim quote)
McCoy v. Louisiana
(3×)
also: Cited as authority (rule), Cited "see"
numerous choices affecting conduct of the trial" do not require client consent, including "the objections to make, the witnesses to call, and the arguments to advance
examined
Cited as authority (verbatim quote)
United States v. Turrietta
(4×)
also: Cited "see"
some basic trial choices are so important that an attorney must seek the client's consent in order to waive the right.
examined
Cited as authority (verbatim quote)
United States v. Gates
(4×)
also: Cited as authority (quoted)
giving the attorney control of trial management matters is a practical necessity.... in most instances the attorney will have a better understanding of the procedural choices than the client; or at least the law should so assume.
discussed
Cited as authority (quoted)
TB Foods USA, LLC v. American Mariculture, Inc.
we conclude that express consent by counsel suffices to permit a magistrate judge to preside over jury selection in a felony trial, pursuant to the authorization in 28 u.s.c. 636(b)(3).
discussed
Cited as authority (quoted)
United States v. Holloway
whether to raise a particular defense is one aspect of trial strategy . . . .
examined
Cited as authority (quoted)
United States v. Brooks
(3×)
as to many decisions pertaining to the conduct of the trial, the defendant is deemed bound by the acts of his lawyer-agent and is considered to have notice of all facts, notice of which can be charged upon the attorney.
examined
Cited as authority (quoted)
Taylor v. State
(3×)
some basic trial choices are so important that an attorney must seek the client's consent in order to waive the right.
examined
Cited as authority (quoted)
Cooke v. State
(8×)
also: Cited as authority (rule), Cited "see", Cited "see, e.g."
some basic trial choices are so important that an attorney must seek the client's consent in order to waive the right.
examined
Cited as authority (quoted)
People v. Bergerud
(2×)
some basic trial choices are so important that an attorney must seek the client's consent in order to waive the right
discussed
Cited as authority (rule)
Hicks v. State
As Justice Biran observed in dissent in Fooks, “a formula repeated in dictum but never the basis for judgment is not owed stare decisis weight.” Id. at 550 (Biran, J., dissenting) (quoting Gonzalez v. United States, 553 U.S. 242, 256 (2008) (Scalia, J., concurring)).
discussed
Cited as authority (rule)
United States v. Specialist Quantique S. Reese
“Trial management is the lawyer’s province: Counsel provides his or her assistance by making decisions such as ‘what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.’ Gonzalez v. United States, 553 U.S. 242, 248 (2008).
discussed
Cited as authority (rule)
State v. Nunnally
Indeed, “[t]rial management is the lawyer’s province: Counsel provides his or her assistance by making decisions such as what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.” McCoy, 584 U.S. at 422 (cleaned up) (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
State v. Norman
(2×)
Trial management is an attorney’s province: Counsel provides his or her help by making decisions such as “‘what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.’” (Citations omitted.) Gonzalez v. United States, 553 U.S. 242, 248 (2008), quoting New York v. Hill, 528 U.S. 110, 115 (2000).
discussed
Cited as authority (rule)
United States v. Raymon Walters
Strategic decisions might include “what arguments to pursue, what evidentiary objections to raise, and what agree- ments to conclude regarding the admission of evidence.” Id. at 422 (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
Emery v. Macauley
See McCoy v. Louisiana, 584 U.S. 414, 422 (2018) (stating that while “[s]ome decisions ... are reserved for the client—notably, whether to plead guilty, waive the right to a jury trial, testify in one’s own behalf, and forgo an appeal,” trial management “is the lawyer’s province … including what arguments to purse, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence”); Gonzalez v. United States, 553 U.S. 242, 256 (2008) (Scalia, J., concurring) (“I doubt many think that the Sixth Amendment right to confront witnesses canno…
discussed
Cited as authority (rule)
White v. Dotson
See Strickland, 466 U.S. at 689 (stating habeas petitioner making a claim of ineffective assistance must overcome a “strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is . . . the presumption that, under the circumstances, the challenged action might be considered sound trial strategy”); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003) (“[S]trategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.”) (internal quotation marks and citations omitted);…
discussed
Cited as authority (rule)
Walker 747025 v. King
Trial management is the lawyer’s province: Counsel provides his or her assistance by making decisions such as “what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.” Gonzalez v. United States, 553 U.S. 242, 248 (2008) (internal quotation marks and citations omitted).
discussed
Cited as authority (rule)
Peo v. Astacio
When a defendant is represented by counsel, that counsel has the right to make certain decisions involving strategy and trial management, such as deciding “what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.” McCoy v. Louisiana, 584 U.S. 414, 422 (2018) (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
United States v. Ahmad Hashimi
This is a narrow class of decisions; “trial management” remains the “lawyer’s province,” and counsel need not seek or obtain consent before deciding, for instance, “what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.” McCoy, 584 U.S. at 422 (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)); see also Roof, 10 F.4th at 351 .
discussed
Cited as authority (rule)
Robert Brooks v. State of Tennessee
It is within counsel’s purview to make decisions concerning trial management, such as “what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.” Gonzalez v. United States, 553 U.S. 242, 248 (2008) (internal citations omitted).
discussed
Cited as authority (rule)
Miguel Tebalan Rivera v. State of Rhode Island
“Trial management is the lawyer’s - 27 - province: Counsel provides his or her assistance by making decisions such as ‘what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.’” McCoy v. Louisiana, 584 U.S. 414, 422 (2018) (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
Barber v. Hancock
Moreover, Movant argues that “[b]ecause trial counsel failed to consult with or otherwise advise [Movant] about his right to closing argument and failed to give a closing argument, trial counsel was ineffective for waiving [Movant’s] right to a closing argument without obtaining his knowing, intelligent and voluntary consent.” Movant overstates the breadth of the right to make a closing argument to include an element of consent. “[W]hether the defendant must participate personally in the waiver; whether certain procedures are required for waiver; and whether the defendant’s choice mu…
cited
Cited as authority (rule)
United States v. Hasan
Id. at 1508 (internal quotation marks omitted) (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
cited
Cited as authority (rule)
United States v. Hasan
Id. at 1508 (internal quotation marks omitted) (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
Garry Paul Rench v. the State of Texas
“Trial management is the lawyer’s province: Counsel provides his or her assistance by making decisions such as ‘what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.’” McCoy v. Louisiana, 584 U.S. 414 , 422, 138 S. Ct. 1500, 1508 (2018) (quoting Gonzalez v. United States, 553 U.S. 242, 248 , 128 S. Ct. 1765, 1769 (2008)).
discussed
Cited as authority (rule)
Allison Kurby Smith v. the State of Texas
“Trial management is the lawyer’s province: Counsel provides his or her assistance by making decisions such as ‘what arguments to pursue, what evidentiary 1 Smith did not file a motion for new trial. 5 objections to raise, and what agreements to conclude regarding the admission of evidence.’” McCoy v. Louisiana, 138 S. Ct. 1500, 1508 (2018) (quoting Gonzalez v. United States, 553 U.S. 242, 248 , 128 S. Ct. 1765, 1769 (2008)).
cited
Cited as authority (rule)
MacKenzie v. USVAMC DeBakey Hospital Policeman Conger 372
Gonzalez v. United States, 553 U.S. 242, 245 (2008); 28 U.S.C. § 636 (b)(1)(A)).
cited
Cited as authority (rule)
United States v. William Grant Owens
USCA11 Case: 22-12420 Document: 39-1 Date Filed: 11/01/2023 Page: 9 of 14 22-12420 Opinion of the Court 9 Gonzalez v. United States, 553 U.S. 242, 248 (2008) (internal quota- tion marks omitted).
cited
Cited as authority (rule)
Cannon v. Payne
Objections are generally considered part of “the larger strategic plan for the trial.” See Gonzalez v. United States, 553 U.S. 242, 249 (2008).
cited
Cited as authority (rule)
United States v. Hasan
Id. at 1508 (internal quotation marks omitted) (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
cited
Cited as authority (rule)
United States v. Hasan
Id. at 1508 (internal quotation marks omitted) (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
Henderson v. Mulligan
“Trial management,” including but not limited to the arguments to pursue, “is the lawyer’s province.” McCoy v. Louisiana, 138 S. Ct. 1500, 1508 (2018) (citing Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
Carter v. Clarke
(2×)
also: Cited "see"
Gonzalez v. United States, 553 U.S. 242, 248-49 (2008).
discussed
Cited as authority (rule)
COLLINS v. OBERLANDER
No. 23 at 11. 116 28 U.S.C. § 2254 (d)(1). 117 Lockyer v. Andrade, 538 U.S. 63, 71 (2003) (internal citations omitted). 118 Price v. Vincent, 538 U.S. 634, 640 (2003). 119 White v. Woodall, 572 U.S. 415 , 425–27 (2014). 120 Harrington, 562 U.S. at 102. 121 Metrish v. Lancaster, 569 U.S. 351 , 357–58 (2013). 122 Renico v. Lett, 559 U.S. 766, 773 (2010) (internal citations omitted). 123 Williams v. Taylor, 529 U.S. 362, 411 (2000). 124 Schriro v. Landrisan, 550 U.S. 465, 473 (2007). 125 Virginia v. LeBlanc, 137 S. Ct. 1726, 1728 (2017). 126 McCoy, 138 S. Ct. at 1508 . 127 Jones v. Barnes, 4…
discussed
Cited as authority (rule)
Owens v. Wills
Trial management is the “lawyer’s province: Counsel provides his or her assistance by making decisions such as ‘what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence.’” McCoy v. Louisiana, 138 S. Ct. 1500, 1508 (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
Alvin Holt v. the State of Texas
“Trial management is the lawyer’s province: Counsel provides his or her assistance by making decisions such as ‘what arguments to pursue, what evidentiary 3 Holt did not file a motion for new trial. 5 objections to raise, and what agreements to conclude regarding the admission of evidence.’” McCoy v. Louisiana, 138 S. Ct. 1500, 1508 (2018) (quoting Gonzalez v. United States, 553 U.S. 242, 248 , 128 S. Ct. 1765, 1769 (2008)).
discussed
Cited as authority (rule)
Burton v. May
Although counsel makes decisions concerning matters of trial management, such as “the objections to make, the witnesses to call, and the arguments to advance,” Gonzalez v. United States, 553 U.S. 242, 249 (2008), the defendant has “the ultimate authority to make certain fundamental decisions regarding the case.” Jones v. Barnes, 463 U.S. 745, 751 (1983).
cited
Cited as authority (rule)
Miranda v. Kennedy
“Giving the attorney control of trial management matters is a practical necessity.” Gonzalez v. United States, 553 U.S. 242, 249 (2008).
discussed
Cited as authority (rule)
United States v. Cabello
Nor does he suggest that the timing of an Allen charge is one of the “basic trial choices [that] are so important that an attorney must seek the client’s consent in order to waive the right.” Gonzalez v. United States, 553 U.S. 242, 250 (2008).
cited
Cited as authority (rule)
(HC) Hicks v. Robertson
Ed. 2d 821 (2018) (quoting 23 Gonzalez v. United States, 553 U.S. 242, 248 (2008) (internal quotation marks and citations 24 omitted).
cited
Cited as authority (rule)
United States v. Dayonta McClinton
Id. (cit- ing Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
discussed
Cited as authority (rule)
Kellogg-Roe v. Gerry
Strategic or trial management decisions include "what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude regarding the admission of evidence." Id. (quoting Gonzalez v. United States, 553 U.S. 242, 248 (2008)).
Retrieving the full opinion text from the archive…
GEORGE J. GONZALES
v.
UNITED STATES
v.
UNITED STATES
06-11612.
Supreme Court of the United States.
Dec 8, 2008.
553 U.S. 242
2008 U.S. LEXIS 3887
Cited by 74 opinions | Published
The petition for a writ of certiorari is denied.