State v. Nunnally

Summary

The court reversed the Court of Appeals' remand for an evidentiary hearing, holding that defendant expressly consented to counsel's concessions concerning both elements of firearm possession and that counsel did not otherwise concede guilt. Because the record showed consent and counsel's argument did not exceed the stipulations or function as an admission of the charged offense, the per se ineffective-assistance rule did not apply. The court held that a failure to argue a particular charge, standing alone, cannot establish an implied concession.