Cash, Ex Parte Rodney Keith

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,108

EX PARTE RODNEY KEITH CASH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS COURT

FROM HARRIS COUNTY

Holcomb, J., filed a dissenting opinion, in which Price, Womack, and Johnson J.J. joined.

D I S S E N T I N G O P I N I O N

I respectfully dissent. The majority denies habeas relief because applicant did not show that he was prejudiced under the second prong of Strickland. (1) I would hold that applicant met the first prong of Strickland (that trial counsel was deficient) and also its second prong, i.e., "there is a reasonable probability…