Willie D. Armstead v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division

STEWART, Circuit Judge:

This is a habeas corpus action brought by a state court prisoner, Willie D. Armstead, alleging ineffective assistance of counsel in connection with his guilty plea to two counts of aggravated robbery in Texas state court. The district court denied relief, affording a presumption of correctness to the factual findings of the state court. While we find that the district court erred in affording a presumption of correctness because the state court did not actually make a factual finding with regard to one of Armstead’s allegations, we nonetheless conclude that Armstead has…