Legal Opinion
Ex Parte Cash
Court of Criminal Appeals of Texas
Decided November 16, 2005No. AP-75,108PublishedCited by 59 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which KELLER, PJ., MEYERS, KEASLER and COCHRAN, JJ., joined.
The issue in this case is whether applicant’s trial counsel was ineffective for filing an unsworn motion for probation at applicant’s murder trial. See generally Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (generally requiring a defendant to prove deficient attorney performance and prejudice in establishing an ineffective assistance of counsel claim); but see Hernandez v. State, 988 S.W.2d 770, 771 (Tex.Cr.App.1999) (questioning whether Strickland even applies to attorney performance at the…
3Cases cited4 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Woodford v. VisciottiSupreme Court of the United States · 2002
- Hernandez v. StateCourt of Criminal Appeals of Texas · 1999
- Mercado v. StateCourt of Criminal Appeals of Texas · 1981
4Cited by59 opinions
- Miller, Arthur Franklin Jr.Court of Criminal Appeals of Texas · 2018
- Hollis v. State, Texas Court of Appeals, 3rd District (Austin)2007
- Rogers, Ex Parte Ronald DavidCourt of Criminal Appeals of Texas · 2012
- Ramirez v. State, Texas Court of Appeals, 3rd District (Austin)2009
- Donald v. StateCourt of Appeals of Texas · 2018
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