Supreme Court of the United States · Official docket →
Raymon Walters v. United States
Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1812 · judgment September 4, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that the Sixth Amendment protects a defendant’s “right to insist that counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance” to obtain a less severe sentence. Id. at 417. The McCoy dissent observed that the majority opinion left open “a related—and difficult—question”: “When guilt is the sole issue for the jury, is it ever permissible for counsel to make the unilateral decision to concede an element of the offense charged?” Id. at 435 (Alito, J., dissenting). The question presented is: Whether defense counsel may concede an element of an offense over the defendant’s objection, where the concession is reasonably designed to advance the defendant’s objective of obtaining an acquittal. (i)
Counsel of record
For petitioner
Ephraim Alexander McDowell
Cooley LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 11 2025Waiver of right of respondent United States to respond filed.
- Dec 02 2025Petition for a writ of certiorari filed. (Response due January 5, 2026)
- Nov 24 2025Application (25A600) granted by Justice Alito extending the time to file until January 2, 2026.
- Nov 18 2025Application (25A600) to extend the time to file a petition for a writ of certiorari from December 3, 2025 to January 2, 2026, submitted to Justice Alito.