Legal Opinion
Cooks v. State
Court of Criminal Appeals of Texas
Decided November 21, 2007No. PD-0010-06PublishedCited by 179 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which MEYERS, WOMACK, KEASLER, HOLCOMB and COCHRAN, JJ., joined.
A defendant has 30 days to file a motion for new trial after the date that the trial court imposes or suspends sentence in open court. 1 This case presents the question of whether this 30-day period of time is a “critical stage” during which a defendant is constitutionally entitled to effective assistance of counsel in filing a motion for new trial. We decide that this period is a critical stage of a criminal proceeding, but that the deprivation of effective assistance of counsel is subject to an analysis for prejudice…
3Cases cited18 opinions
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- Mempa v. RhaySupreme Court of the United States · 1967
- Satterwhite v. TexasSupreme Court of the United States · 1988
- Oldham v. StateCourt of Criminal Appeals of Texas · 1998
- State v. HerndonCourt of Criminal Appeals of Texas · 2007
13 more not listed; retrieve them via the Exa API.
4Cited by179 opinions
- Trevino v. ThalerSupreme Court of the United States · 2013
- Smith v. StateCourt of Criminal Appeals of Texas · 2009
- Stokes v. State, Texas Court of Appeals, 14th District (Houston)2009
- Thomas v. State, Texas Court of Appeals, 14th District (Houston)2009
- Cain v. StateCourt of Appeals of Texas · 2017
174 more not listed; retrieve them via the Exa API.