State v. Grier

Summary

The Washington Supreme Court held that a defendant's agreement to withdraw lesser included offense instructions does not bar an ineffective assistance of counsel claim. It nevertheless concluded that counsel's all-or-nothing trial strategy was legitimate and did not constitute ineffective assistance under the state or federal constitutions, reversing the Court of Appeals and remanding for resolution of other claims.

Holdings

1. A defendant's agreement to forgo lesser included offense instructions does not bar an ineffective-assistance claim because the decision requires input from both defendant and counsel and ultimately rests with defense counsel.
2. Counsel's withdrawal of the manslaughter instructions and pursuit of an all-or-nothing defense did not constitute ineffective assistance under the state or federal constitutions.
3. A trial court is not required to provide lesser included offense instructions sua sponte when the defense has not requested them.

Questions Presented

1. Whether Grier's acquiescence in counsel's withdrawal of lesser included offense instructions barred her from asserting ineffective assistance of counsel.
2. Whether counsel's decision to withdraw first- and second-degree manslaughter instructions and pursue an all-or-nothing defense constituted deficient performance or prejudiced Grier under Strickland.
3. Whether trial courts must provide lesser included offense instructions sua sponte when the defense does not request them.

Disposition

vacated