No. 25-6816

Carlos Javier Figueroa v. United States

Lower Court: Second Circuit
Docketed: 2026-02-13
Status: Pending
Type: IFP
Response WaivedIFP
Tags: counsel-override criminal-defense defendant-autonomy ineffective-assistance sixth-amendment witness-testimony
Latest Conference: 2026-03-20
Question Presented (from Petition)

In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that (1) the Sixth Amendment guarantees a criminal defendant the autonomy to decide the objective of his defense, including maintaining innocence at trial despite overwhelming evidence of guilt; and (2) counsel who overrides that decision by conceding defendant's guilt commits structural error requiring reversal. This Court rejected counsel's justification that he conceded defendant's guilt because he believed the innocence claim was false or incredible in light of the evidence, holding that counsel's belief in his client's guilt does not authorize counsel to override a defendant's choice to pursue innocence at trial.

The question presented is: Whether counsel violates the Sixth Amendment when counsel overrides the defendant's express request to call a witness he identifies as essential to his innocence defense, on the ground that the witness would commit perjury if called -- even though counsel hadn't spoken to the witness -- because counsel believed the defendant was guilty.

Question Presented (AI Summary)

Whether counsel violates the Sixth Amendment when counsel overrides the defendant's express request to call a witness he identifies as essential to his innocence defense, on the ground that the witness would commit perjury if called -even though counsel hadn't spoken to the witness -because counsel believed the defendant was guilty

Docket Entries

2026-02-26
DISTRIBUTED for Conference of 3/20/2026.
2026-02-20
Waiver of United States of right to respond submitted.
2026-02-20
Waiver of right of respondent United States to respond filed.
2026-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)
2026-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)

Attorneys

Carlos Javier Figueroa
Yuanchung LeeFederal Defenders of New York, Petitioner
United States
D. John SauerSolicitor General, Respondent