State v. Grier

Summary

The Washington Supreme Court held that Grier's agreement to withdraw lesser included offense instructions did not waive her ability to claim ineffective assistance of counsel because the decision requires consultation but ultimately falls within defense counsel's tactical authority. Applying the deferential two-part ineffective-assistance standard, the court held that counsel's all-or-nothing strategy was a legitimate tactic supported by the evidence and that Grier failed to establish either deficient performance or prejudice. The court reversed and vacated the Court of Appeals' decision and remanded for consideration of Grier's remaining claims.