⚖ Oral Arguments, with Context

The Ninth Circuit hears a challenge to a conviction for attempted murder and assault after a confrontation involving a man and a woman. Thompson maintains he acted in self-defense. But his trial lawyer told the jury he was guilty of simple assault while contesting the more serious charges. He argues that concession undermined his defense and overrode his choice to maintain innocence. The state appeals court rejected that challenge because the record did not show an express objection to the concession. His lawyer here will argue that he made his position clear; the state will argue that he never clearly opposed the concession. You'll hear about a Marsden hearing: his unsuccessful request during trial to replace his appointed lawyer. This is federal habeas review, a challenge to the lawfulness of his state conviction—not a new trial of the confrontation.

Thompson v. Bird (No. 24-846) — U.S. Court of Appeals for the Ninth Circuit, argued October 27, 2026.