Betty Lou Beets v. Wayne Scott, Director Texas Department of Criminal Justice, Institutional Division

EDITH H. JONES, Circuit Judge:

The issue that provoked en banc rehearing of this capital murder case is whether a habeas corpus petitioner was deprived of her Sixth Amendment right to effective assistance of counsel because her attorney committed arguable ethical violations when he obtained a contract for media rights to her story and failed to withdraw and testify as a defense witness. More precisely, the court has divided over the issue whether these facts should be measured by the Strwkland standard for an attorney’s deficient performance 1 or by the Cuyler standard adopted for the special…