Legal Opinion

Miller v. State

Texas Court of Appeals, 5th District (Dallas)

Decided September 6, 1988No. 05-87-00445-CRPublishedCited by 36 opinions

1Opinion of the Court

LAGARDE, Justice.

James Anthony Miller appeals from a conviction, following a jury trial, for aggravated sexual assault. Punishment, enhanced by two prior convictions, was assessed by the jury at life imprisonment. Because we agree with appellant’s second and third points of error that he was denied the effective assistance of counsel as guaranteed by the United States and Texas Constitutions, we reverse the conviction and remand the cause to the trial court for a new trial.

The test for determining whether a defendant was denied the effective assistance of counsel at trial applies equally to…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hernandez v. StateCourt of Criminal Appeals of Texas · 1986
  3. Ex Parte BurnsCourt of Criminal Appeals of Texas · 1980
  4. Saylor v. StateCourt of Criminal Appeals of Texas · 1983
  5. Hopkins v. StateCourt of Criminal Appeals of Texas · 1972

12 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Duckett v. StateCourt of Criminal Appeals of Texas · 1990
  2. Fuller v. State, Texas Court of Appeals, 6th District (Texarkana)2007
  3. Sessums v. State, Texas Court of Appeals, 6th District (Texarkana)2004
  4. Johnny Melchor MacIas v. State, Texas Court of Appeals, 1st District (Houston)2017
  5. Genovevo Salinas v. State, Texas Court of Appeals, 14th District (Houston)2011

31 more not listed; retrieve them via the Exa API.

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