State v. Decarlos K. Chambers, 955 N.W.2d 144

Decarlos Chambers was charged with first-degree reckless homicide (party to a crime) and possession of a firearm by an adjudicated delinquent; he pled not guilty.
At trial the court gave a lesser-included instruction for second-degree reckless homicide after Chambers (through counsel) expressly consented to the instruction.
In closing defense counsel said the jury should "consider" second-degree reckless homicide but also repeatedly argued Chambers was "not guilty" and urged acquittal due to reasonable doubt.
The jury convicted Chambers of the lesser-included offense (second-degree reckless homicide) and the firearm possession count; the court imposed consecutive prison terms.
After McCoy v. Louisiana was decided, Chambers moved for postconviction relief alleging counsel conceded guilt over his express insistence on maintaining innocence; the trial court and court of appeals rejected the claim.
The Wisconsin Supreme Court affirmed, holding counsel did not concede guilt and therefore Chambers’ McCoy claim fails.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel conceded guilt in closing argument in violation of the defendant's McCoy right to insist on a defense of innocence	Counsel did not concede guilt; her remark to "consider" the lesser offense merely mirrored the court's jury instruction and she otherwise advocated innocence	Saying the jury should "consider" second-degree reckless homicide was a concession of guilt contrary to Chambers' expressed objective to maintain innocence, triggering McCoy and a new trial	Held for the State: counsel did not concede guilt. The "consider" language tracked the instruction and counsel repeatedly argued not guilty, so no McCoy violation
Whether Chambers forfeited a McCoy claim by failing to contemporaneously object at trial	State argued forfeiture	Chambers argued McCoy does not necessarily require contemporaneous on-the-record objection to preserve the claim	Court declined to decide forfeiture; it assumed (without deciding) Chambers satisfied McCoy’s expression requirement and rejected the claim on the merits

McCoy v. Louisiana, 138 S. Ct. 1500 (2018) (defendant has right to insist counsel pursue an innocence defense; counsel may not concede guilt over express client objection)
Florida v. Nixon, 543 U.S. 175 (2004) (counsel may concede guilt as a strategic choice when defendant neither consents nor objects)
Faretta v. California, 422 U.S. 806 (1975) (defendant autonomy over certain fundamental trial decisions)
Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective-assistance-of-counsel claims)
State v. Jones, 326 Wis. 2d 380 (2010) (Wisconsin: independent review of constitutional error)