The State of Washington v. Kristina Ranae Grier

Summary

The Washington Supreme Court reversed the Court of Appeals, which had overturned Kristina Grier's second degree murder conviction on the ground that counsel was ineffective for withdrawing requested lesser included manslaughter instructions in favor of an 'all or nothing' acquittal strategy. The court held that Grier's acquiescence did not bar her ineffective assistance claim because the decision to forgo lesser included instructions ultimately rests with defense counsel after consultation, but it rejected the claim under Strickland, concluding the risky strategy was a conceivable legitimate tactic and that hindsight—including reliance on the anomalous verdict—had no place in the analysis. It expressly repudiated the Court of Appeals' three-pronged Ward test as inconsistent with Strickland and held Keeble inapposite to claims premised on forgoing lesser included instructions, while confirming Grier would have been entitled to such instructions had she requested them and rejecting any sua sponte instructional duty. The Court of Appeals' decision was vacated and the case remanded for adjudication of Grier's unresolved claims.