Willie Lee McNeal v. Louie L. Wainwright, 722 F.2d 674 (11th Cir. 1984). · Go Syfert
Willie Lee McNeal v. Louie L. Wainwright, 722 F.2d 674 (11th Cir. 1984). Cases Citing This Book View Copy Cite
“in view of the overwhelming evidence against mcneal, including a tape recording of his confession to the shooting, the strategy of trial counsel was proper and would not amount to a constitutional violation.”
51 citation events (32 in the last 25 years) across 11 distinct courts.
Strongest positive: Profetto v. Jones (Charlotte County) (flmd, 2021-03-23)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 29 distinct citers.
discussed Cited as authority (verbatim quote) Profetto v. Jones (Charlotte County)
M.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
counsel will not be deemed unconstitutionally deficient because of tactical decisions
discussed Cited as authority (verbatim quote) Williams v. United States
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
counsel will not be deemed unconstitutionally deficient because of tactical decisions.
discussed Cited as authority (verbatim quote) Martin v. United States
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
counsel will not be deemed unconstitutionally deficient because of tactical decisions.
examined Cited as authority (verbatim quote) Lawrence v. State
Fla. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
in view of the overwhelming evidence against mcneal, including a tape recording of his confession to the shooting, the strategy of trial counsel was proper and would not amount to a constitutional violation.
examined Cited as authority (verbatim quote) State v. Williams (3×) also: Cited as authority (rule), Cited "see, e.g."
Fla. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
amounted to a tactical argument well within the discretion of counsel, so obvious from the record that no evidentiary hearing was necessary.
cited Cited as authority (rule) Jones v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2024 · confidence medium
State v. Williams, 797 So. 2d 1235, 1239 (Fla. 2001) (quoting McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir. 1984)).
cited Cited as authority (rule) Green v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2022 · confidence medium
State v. Williams, 797 So. 2d 1235, 1239 (Fla. 2001) (quoting McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir. 1984)).
cited Cited as authority (rule) Pomposello v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
State v. Williams, 797 So.2d 1235, 1239 (Fla.2001), citing McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir.1984).
discussed Cited as authority (rule) United States v. Alvin Smith (2×)
11th Cir. · 2006 · confidence medium
"The presumption of reasonableness is even stronger when we are reviewing the performance of an experienced trial counsel." To overcome this presumption, the petitioner "must establish that no competent counsel would have taken the action that his counsel did take." 76 Michael v. Crosby, 430 F.3d 1310, 1320 (11th Cir.2005) (citations and paragraph break omitted) (quoting McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir.1984) (citations omitted); Callahan v. Campbell, 427 F.3d 897 , 933 (11th Cir.2005); Chandler v. United States, 218 F.3d 1305, 1315 (11th Cir.2000) (en banc) (footnote and cita…
discussed Cited as authority (rule) Linda Michael v. James Crosby
11th Cir. · 2005 · confidence medium
Moreover, “[c]ounsel will not be deemed unconstitutionally deficient because of tactical decisions.” McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir. 1984) (citations omitted); Crawford, 311 F.3d at 1312 (“Deliberate choices of trial strategy and tactics are within the province of trial counsel after consultation with his client.
discussed Cited as authority (rule) Haynes v. Cain
5th Cir. · 2001 · confidence medium
United States v. Short, 181 F.3d 620, 624-5 (5th Cir.1999)(counsels statements, which did not admit guilt, but which implicated the defendant, were reasonable in light of the overwhelming evidence presented at trial); Lingar v. Bowersox, 176 F.3d 453 , 458 (8th Cir.1999)("we conclude the decision to concede guilt of the lesser charge of second-degree murder was a reasonable tactical retreat rather than a complete surrender”); Underwood v. Clark, 939 F.2d 473, 474 (7th Cir.1991)(Posner, J.)(defense counsel's concession during closing arguments of a lesser included offense was “a sound tacti…
discussed Cited as authority (rule) Haynes v. Cain (2×)
5th Cir. · 2001 · confidence medium
Notes: 1 United States v. Swanson, 943 F.2d 1070 (9th Cir. 1991) ( "A lawyer who informs the jury that it is his view of the evidence that there is no reasonable doubt regarding the only factual issues that are in dispute has utterly failed to subject the prosecution's case to meaningful adversarial testing."); Wiley v. Sowders, 647 F.2d 642, 650-51 (6th Cir. 1981) (decided prior to Cronic and Strickland, but reaching a similar conclusion). 2 United States v. Short, 181 F.3d 620, 624-5 (5th Cir. 1999)(counsels statements, which did not admit guilt, but which implicated the defendant, were reas…
discussed Cited as authority (rule) Atwater v. State (2×) also: Cited "see"
Fla. · 2001 · confidence medium
"In view of the overwhelming evidence against McNeal, including a tape recording of his confession to the shooting, the strategy of trial counsel was proper and would not amount to a constitutional violation." McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir.1984).
discussed Cited as authority (rule) Traylor v. State
Fla. · 1992 · confidence medium
Other jurisdictions are in general agreement with this principle. [57] E.g., United States v. DiMucci, 879 F.2d 1488, 1496 (7th Cir.1989); McNeal v. Wainwright, *980 722 F.2d 674, 676-77 (11th Cir.1984); Camp v. United States, 352 F.2d 800 (5th Cir.1965).
discussed Cited as authority (rule) Dix v. Newsome
N.D. Ga. · 1984 · confidence medium
The constitutional standard for effective assistance of counsel is counsel “reasonably likely to render and rendering reasonably effective assistance given the totality of the circumstances.” House v. Balkcom, 725 F.2d 608 (11th Cir.1984), quoting Washington v. Strickland, 693 F.2d 1243 , 1250 *1069 (5th Cir. Unit B 1982) (en bane), cert. granted, — U.S.—, 103 S.Ct. 2451 , 77 L.Ed.2d 1332 (1983); Tucker v. Zant, 724 F.2d 882, 892 (11th Cir.1984); McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir. 1984).
discussed Cited "see" Durham v. Secretary, Florida Department of Corrections
M.D. Fla. · 2023 · signal: see · confidence high
See McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir. 1984) (finding that McNeal’s attorney’s statements conceding manslaughter during a murder trial were tactical and strategic and did not constitute a forced guilty plea); Underwood v. Clark, 939 F.2d 473,474 (7th Cir. 1991) (concluding that defense counsel’s concession during closing arguments of a lesser included offense was “a sound tactic when the evidence is indeed overwhelming . . . and when the count in question is a lesser count, so that there is an advantage to be gained by winning the confidence of the jury”).
discussed Cited "see" Rahmaan v. United States
M.D. Fla. · 2020 · signal: see · confidence high
See McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir. 1984) (‘Counsel will not be deemed unconstitutionally deficient because of tactical decisions.”).
cited Cited "see" Maharaj v. Secretary for the Department of Corrections
11th Cir. · 2005 · signal: see · confidence high
See McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir.1984) (noting that “[c]ounsel will not be deemed unconstitutionally deficient because of tactical decisions”).
discussed Cited "see" Griffin v. State
Fla. · 2004 · signal: see · confidence high
See McNeal v. Wainwright, 722 F.2d 674, 677 (11th Cir.1984); see also Atwater v. State, 788 So.2d 223, 231 (Fla.2001) (finding that defense counsel's concession of guilt to lesser offense than first-degree murder was reasonable and did not amount to constitutional violation).
discussed Cited "see" Harris v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See McNeal v. Wainwright, 722 F.2d 674 (11th Cir.1984)(applying Strickland and holding that argument by defense counsel suggesting guilt on charge of manslaughter rather than first degree murder was tactical decision).
cited Cited "see" Brown v. State
Fla. · 2000 · signal: see · confidence high
See McNeal v. Wainwright, 722 F.2d 674 (11th Cir.1984).
discussed Cited "see" State v. Hunt (2×)
Neb. · 1998 · signal: see · confidence high
See, McNeal v. Wainwright, 722 F.2d 674 (11th Cir. 1984) (applying Strickland and holding argument by defense counsel suggesting guilt on charge of manslaughter rather than first degree murder was tactical decision); Faraga v. State, 514 So. 2d 295 (Miss. 1987), cert. denied 487 U.S. 1210 , 108 S. Ct. 2858 , 101 L.
examined Cited "see" State v. Anaya (3×) also: Cited "see, e.g."
N.H. · 1991 · signal: see · confidence high
See McNeal supra; Siverly supra; Alexander supra (court held that counsel’s statements were a proper trial strategy, citing fact that defendant did not testify); Faraga supra; see also Redmond, supra at 316, 278 N.E.2d at 768-69 (court ruled counsel’s admissions improper, emphasizing disparity between defendant’s testimony and counsel’s closing remarks).
discussed Cited "see, e.g." Spence v. Secretary, Department of Corrections (Putnam County)
M.D. Fla. · 2021 · signal: see also · confidence medium
Florida v. Nixon, 543 U.S. 175, 187 (2004) (holding that a concession of guilt to a lesser included offense is not the functional equivalent of a guilty plea): see also McNeal v.. Wainwright, 722 F.2d 674, 677 (11th Cir.1984) (distinguishing that a tactical decision to admit to a lesser offense does not amount to guilty plea without a defendant's consent and the tactical decision does not require a client's consent). □ 23 Thomas vy.
discussed Cited "see, e.g." Manuel Isaac Marquez, Sr. v. United States
11th Cir. · 2017 · signal: see, e.g. · confidence medium
See, e.g., McNeal v. Wainwright, 722 F.2d 674, 676-77 (11th Cir. 1984) (counsel was not ineffective for conceding to manslaughter during closing argument).
cited Cited "see, e.g." Jackson v. State
Fla. Dist. Ct. App. · 2007 · signal: see also · confidence medium
See State v. Williams, 797 So.2d 1235, 1239 (Fla.2001); see also McNeal v. Wainwright, 722 F.2d 674, 676 (11th Cir.1984).
cited Cited "see, e.g." Patton v. State
Fla. · 2000 · signal: see, e.g. · confidence low
See, e.g., McNeal v. Wainwright, 722 F.2d 674 (11th Cir.1984); McNeal v. State, 409 So.2d 528 (Fla. 5th DCA 1982).
cited Cited "see, e.g." Geddis v. State
Fla. Dist. Ct. App. · 1998 · signal: see also · confidence low
See also McNeal v. Wainwright, 722 F.2d 674 (11th Cir.1984)(suggesting client charged with first degree murder was guilty of manslaughter was not ineffective assistance of counsel).
cited Cited "see, e.g." Magill v. State
Fla. · 1984 · signal: see, e.g. · confidence low
See e.g., McNeal v. Wainwright, 722 F.2d 674 (11th Cir.1984).
Willie Lee McNEAL, Petitioner-Appellant,
v.
Louie L. WAINWRIGHT, Respondent-Appellee
83-3331.
Court of Appeals for the Eleventh Circuit.
Jan 3, 1984.
722 F.2d 674
Margene A. Roper, Daytona Beach, Fla., for respondent-appellee.
Godbold, Per Curiam, Roney, Tjoflat.
Cited by 39 opinions  |  Published
PER CURIAM:

Willie Lee McNeal was tried and convicted in Florida of first degree murder and sentenced to life imprisonment. After exhausting his state court remedies, McNeal v. State, 409 So.2d 528 (Fla.Dist.Ct.App.1982); McNeal v. State, 413 So.2d 876 (Fla.1982), he sought and was denied 28 U.S.C.A. § 2254 relief in the federal court. In a remarkably good pro se brief, McNeal argues that he was denied constitutionally effective counsel because of his attorney’s final argument to the jury. Agreeing with the Florida state court and the district[*675] court that the argument was tactical and within the discretion reposed in counsel, we affirm.

We take the essential facts shown by the evidence at the state trial almost verbatim from appellant’s pro se brief. The prosecution showed that the death of Willie Charles Offord arose from an incident on September 14, 1979, in front of Simmons Bar in Palatka, Florida. During the evening hours on the day in question, Daniel McGee, Jr., picked up Willie Lee McNeal at his home and drove him to Greek Jon’s Bar. Following a brief stop there, the pair proceeded to McNeal’s brother’s house in order to obtain a shotgun which McNeal intended to loan to McGee. The shotgun was placed in the back seat of McGee’s car and the pair eventually arrived at Simmons Bar. While the two were in front of Simmons Bar, McNeal became involved with Offord in a physical confrontation. McNeal and Offord engaged in a short scuffle in front of the Bar in the presence of several witnesses. Of-ford was able to physically subdue McNeal with little difficulty.

Offord released McNeal following the conclusion of the incident and warned him, “If you get a gun at me, you better use it”. Following the incident, McNeal went into a nearby bar, but returned shortly thereafter with a can of beer in his hand. He approached McGee and requested the car keys. McGee was apparently concerned about the presence of the shotgun in the back seat and initially refused the request. When he was convinced that McNeal was sufficiently calm, however, he complied with the request.

McNeal drove away from the area but returned shortly thereafter. Offord, who was still outside of Simmons Bar, stepped into an adjacent alleyway in order to urinate. As he was doing so, he was shot and killed by a shotgun blast to the head.

Clarence Williams testified that he observed McNeal at the other end of the alley. As Offord fell to the ground, McNeal turned and ran out of the other end of the alley. McNeal later stopped by the home of a woman that he knew and asked her to take care of his baby, since he was on the way to turn himself over to the police after shooting Offord.

McNeal arrived at Palatka Police Department in an extremely agitated state. Deputy Debbie Fulgham asked if he was present as a result of an incident at the bar. When McNeal replied affirmatively, Deputy Fulgham advised him of his rights. McNeal stated that he understood his rights and then gave a full confession.

McNeal told Deputy Fulgham that he and Offord had gotten into a fight at Simmons Bar. After the fight, he drove around in McGee’s car before returning to the rear of Simmons Bar. He loaded the shotgun and waited behind the bar for Offord. When Offord stepped into the alleyway, he told him that he should not have beat him. McNeal admitted that he then shot Offord. After the shooting, McNeal threw the weapon underneath a nearby two-story house.

At the close of the state’s case, counsel for McNeal moved for a directed verdict of acquittal, contending that the state had not presented a prima facie case, and that premeditated murder was not sufficiently proven. The trial court denied the motion. No testimony or physical evidence was presented by the defense.

During his final argument to the jury at the close of trial, McNeal’s attorney said,

We submit to you that when you look at all these circumstances, you’re going to find that perhaps what has been shown to you at most to have been proven beyond a reasonable doubt is the offense of manslaughter in that we submit to you that the evidence at best would have shown that the Defendant acted out of anger, rage, resentment, and exasperation over what the deceased, Charles Offord, had just done to him prior to the fatal shooting, that this exasperation, rage, anger, and resentment was so intense as to overcome the judgment and to render this defendant incapable of any type of calm reflection. Yes, that’s the offense at[*676] most that the state has shown, that’s one of manslaughter.

The defense counsel went on to say:

We take the position from the Defense standpoint that when we initially got up here on our closing statement we set forth to you as clearly as we could what we felt the facts to be and what we recalled the evidence being and what the one and only logical result and conclusion from that could be when viewed in terms of the standards that you’re required to apply in this case, that result being manslaughter.

McNeal argues that this argument amounted to an admission of guilt by his counsel, without his prior knowledge or consent. As to this argument, the Florida court said:

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.
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 client and without risk of being branded as being professionally ineffective because others may have different judgment or less experience.

McNeal v. State, 409 So.2d at 529 (citations and footnote omitted).

The district court also rejected defendant’s claim.

In the face of all of this evidence, it appears that trial counsel’s primary strategy was to demonstrate that the shooting was done without premeditation. He argued this point before the jury and tried to bring this out during the trial. It appears that this strategy was entirely proper in view of the evidence introduced against Petitioner at trial.
Finally, Petitioner states that the ‘admission was without his consent.’ However, an attorney’s decisions on strategy at trial may bind his client even when such decisions are made' without consultation.

Both the state court and the district court were correct in holding that this argument amounted to a tactical argument well within the discretion of counsel, so obvious from the record that no evidentiary hearing was necessary. Schultz v. Wainwright, 701 F.2d 900, 901 (11th Cir.1983); Dickson v. Wainwright, 683 F.2d 348, 351 (11th Cir.1982).

The sixth amendment guarantee of effective assistance of counsel is counsel reasonably likely to render and rendering reasonably effective assistance given the totality of the circumstances. Wiley v. Wainwright, 709 F.2d 1412, 1413 (11th Cir.1983). Counsel will not be deemed unconstitutionally deficient because of tactical decisions. Adams v. Wainwright, 709 F.2d 1443, 1445 (11th Cir.1983); Ford v. Strickland, 696 F.2d 804, 820 (11th Cir.1983) (en banc); see United States v. Costa, 691 F.2d 1358, 1364 (11th Cir.1982). McNeal’s attorney’s arguments to the jury concerning manslaughter were tactical and strategic. Throughout the trial and argument, his attorney stressed McNeal’s emotional state in an attempt to negate premeditation. In view of the overwhelming evidence against McNeal, including a tape recording of his confession to the shooting, the strategy of trial counsel was proper and would not amount to a constitutional violation.

McNeal claims the attorney’s statements amounted to a guilty plea entered without his consent, relying on a Sixth Circuit case, Wiley v. Sowders, 647 F.2d 642 (6th Cir.), cert. denied, 454 U.S. 1091, 102 S.Ct. 656, 70 L.Ed.2d 630 (1981). Wiley is distinguishable from the case at bar. There the attorney repeatedly stated that his clients were guilty of the offenses charged, that the state had proven their guilt, but[*677] requested that the jury show leniency. Id. at 644-45. In the case at bar, McNeal was being tried for first degree murder. His attorney did not state that McNeal was guilty of murder. Instead, he stated that “at best” the government had proven only manslaughter because they did not prove premeditation. The majority of his defense case centered around this proposition. During the trial, his attorney tried to establish a self-defense claim. In view of the tape recorded confession played at trial, however, such a defense did not play a central role.

An attorney’s strategy may bind his client even when made without consultation. Thomas v. Zant, 697 F.2d 977, 987 (11th Cir.1983). In light of the overwhelming evidence against him, it cannot be said that the defense strategy of suggesting manslaughter instead of first degree murder was so beyond reason as to suggest defendant was deprived of constitutionally effective counsel.

AFFIRMED.