Jimenez v. State

Pablo Jimenez filed a petition for writ of habeas corpus, alleging that his appellate counsel provided constitutionally ineffective assistance in Jimenez’s direct appeal. Although Jimenez’s petition raises four claims, we conclude only one warrants discussion. Jimenez asserts that the trial court failed to provide Jimenez with a twelve-person jury for his trial on the charge of first-degree murder, and that appellate counsel’s failure to raise this issue on appeal constituted deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674…