Legal Opinion

Andrews v. State

Court of Criminal Appeals of Texas

Decided March 23, 2005No. PD-0993-03PublishedCited by 946 opinions

1Opinion of the Court 1

*100 OPINION

2Opinion of the Court · PricePrice, J.

in which MEYERS, JOHNSON, KEASLER, HOLCOMB, and COCHRAN, JJ.,

joined.

In this case, during closing arguments, the prosecutor made a misstatement of the law that was detrimental to the appellant. The appellant’s counsel failed to object to this misstatement of law. In a published case, the Court of Appeals overruled the appellant’s point of error because there was no evidence of trial counsel’s motive for failing to object to the prosecutor’s misstatement. Because we conclude that, under the unusual circumstances of this case, there could be no legitimate trial strategy in failing to…

Also in this document: Concurrence.

3Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1999
  3. Hernandez v. StateCourt of Criminal Appeals of Texas · 1986
  4. Massaro v. United StatesSupreme Court of the United States · 2003
  5. Bone v. StateCourt of Criminal Appeals of Texas · 2002

3 more not listed; retrieve them via the Exa API.

4Cited by946 opinions

  1. Trevino v. ThalerSupreme Court of the United States · 2013
  2. Lopez v. StateCourt of Criminal Appeals of Texas · 2011
  3. Okonkwo, Chidiebele GabrielCourt of Criminal Appeals of Texas · 2013
  4. Cannon v. StateCourt of Criminal Appeals of Texas · 2008
  5. Jagaroo v. State, Texas Court of Appeals, 14th District (Houston)2005

941 more not listed; retrieve them via the Exa API.

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