Miller, Arthur Franklin Jr.
Court of Criminal Appeals of Texas
1Opinion of the Court
We withdraw our prior opinion and hold that a defendant meets the prejudice prong of his ineffective assistance of counsel claim by demonstrating that he would have opted for a jury if his attorney had correctly advised him that he was ineligible for probation from the trial court. He does not have to show that the likely outcome of the jury trial he waived would have been more favorable than the court trial he had. We base our holding on a line of cases stretching from Hill v. Lockhart , 474 U.S. 52 , 59, 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985), to Lee v. United States , --- U.S. ----, 137…
2Cases cited28 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. BookerSupreme Court of the United States · 2004
- Hill v. LockhartSupreme Court of the United States · 1985
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. CronicSupreme Court of the United States · 1984
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3Cited by122 opinions
- Adam James Edmond Demirs v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2022
- Adrian Monroe Martin v. the State of Texas, Texas Court of Appeals, 11th District (Eastland)2023
- Alberto Montelongo v. the State of Texas, Texas Court of Appeals, 8th District (El Paso)2022
- Alexander Ulysses Chabrier v. State, Texas Court of Appeals, 3rd District (Austin)2019
- Alfredo Rodriguez Oviedo v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2021
117 more not listed; retrieve them via the Exa API.