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Raymon Walters v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1812 · judgment September 4, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 2% cert probability

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

Case

Conference history
Distributed for 1 conference

Linked docket
25A600

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 16 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 11 2025
    Waiver of right of respondent United States to respond filed.
  4. Dec 02 2025
    Petition for a writ of certiorari filed. (Response due January 5, 2026)
  5. Nov 24 2025
    Application (25A600) granted by Justice Alito extending the time to file until January 2, 2026.
  6. Nov 18 2025
    Application (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.