Roger Dale Epperson v. Kentucky
DueProcess HabeasCorpus
1) Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede guilt, without the defendant then contemporaneously objecting to the trial court, as Alabama, California, Florida, Georgia, Massachusetts, Minnesota, Oregon, Texas, Wisconsin, and the United States Court of Appeals for the Fourth and Eighth Circuits Circuit have held, or does McCoy require a defendant to make a contemporaneous on-the-record objection before the trial court, as Kentucky, Michigan, and Oklahoma have held?
2) Does McCoy apply where counsel conceded guilt of an element of an offense despite the defendant's objective to maintain factual innocence of criminal activity, as California, Oregon, the United States District Court for the Northern District of Illinois, and the Army Court of Appeals have held, or does McCoy apply only where counsel conceded guilt of all the elements of the charged offense, as the United States Court of Appeals for the Second and Eleventh Circuits, and the States of Georgia, Kentucky, and Washington have held?
Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede guilt, without the defendant then contemporaneously objecting to the trial court