Media for Florida v. NixonAudio Transcription for Oral Argument - November 02, 2004 in Florida v. Nixon
Audio Transcription for Opinion Announcement - December 13, 2004 in Florida v. Nixon
Ruth Bader Ginsburg:
As Justice Stevens recalled at oral argument in this case Darrow's clients did not expressly consent to what he did but he saved their lives.
In sum, when counsel informs a capital defendant of the strategy counsel believes to be in the defendant’s best interest.
Counsel's strategic choice is not impeded by any blanket rule demanding the defendant's explicit consent instead taking account of the evidence bearing on the defendant’s guilt if counsel's strategy was reasonable that is the end of the matter.
No tenable claim of ineffective assistance would remain.
The Chief Justice took no part in the decision of this case.
All other members of this Court have joined in the opinion.