Hernandez v. State

OPINION

which KELLER, HOLLAND, WOMACK and KEASLER, JJ., joined.

We granted discretionary review in this ease to reexamine, as a matter of state and federal constitutional law, whether to apply the two-prong Strickland v. Washington1 standard or the Ex parte Duffy2 standard to ineffective assistance of counsel claims “alleging a deficiency in attorney performance” at noncapital sentencing proceedings. We hold Strickland applies to these claims.3

*771In Duffy a three-judge plurality of this Court decided, as a matter of federal and state constitutional law, that the “reasonably effective assistance of…