Kizzee v. State

I would hold that the defense attorney rendered ineffective counsel at the punishment stage of trial by not objecting to the prosecutor’s jury argument, “If I ask these officers right here ... they would probably say to give him a year and to make him hurt_” I reach this conclusion only after considering all the evidence at both stages of the trial, including the jury argument at the punishment stage, the jury’s note to the judge during its deliberations on punishment, and the sentence assessed.

The striking thing about this case is that the jury assessed a sentence of six months imprisonment,…