Legal Opinion

Holmes v. State

Texas Court of Appeals, 9th District (Beaumont)

Decided February 4, 2009No. 09-07-00393-CRPublishedCited by 1 opinion

1Opinion of the Court

OPINION

HOLLIS HORTON, Justice.

A jury found John Keith Holmes guilty of misdemeanor assault and assessed punishment at one year’s confinement in the county jail and a fine of $4000. See Tex. Pen.Code Ann. § 12.21 (Vernon 2003), § 22.01(a)(1) (Vernon Supp.2008). Raising one issue, Holmes appeals the trial court’s denial of his motion for new trial and contends he received ineffective assistance of counsel. We reverse and remand for a new trial.

I. Background

Holmes’s wife was the complainant. Early one morning, she called 911 for help and reported the assault to Jackie Pickens, the police…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  3. Thompson v. StateCourt of Criminal Appeals of Texas · 1999
  4. Bone v. StateCourt of Criminal Appeals of Texas · 2002
  5. Von Moltke v. GilliesSupreme Court of the United States · 1948

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3Cited by1 opinion

  1. Kevin Antonio Caballero v. the State of Texas, Texas Court of Appeals, 1st District (Houston)2023

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