Legal Opinion

Milburn v. State

Texas Court of Appeals, 14th District (Houston)

Decided June 4, 1998No. 14-96-00260-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

YATES, Justice.

Appellant, Kim Allen Milburn, was convicted of possession with intent to deliver cocaine weighing at least 400 grams. See Tex. Health & Safety Code § 481.112(f) (Vernon 1994). In his sole point of error, appellant contends the trial court erred in denying his motion for new trial based on ineffective assistance of counsel. We affirm in part and reverse and remand in part.

Background

On June 30, 1995, as part of an ongoing narcotics investigation, Houston Police Officer Eller set up surveillance at an apartment complex. That afternoon, Officer Eller saw Douglas Hooey,…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Burger v. KempSupreme Court of the United States · 1987
  3. McFarland v. StateCourt of Criminal Appeals of Texas · 1996
  4. McFarland v. StateCourt of Criminal Appeals of Texas · 1992
  5. Ex Parte DuffyCourt of Criminal Appeals of Texas · 1980

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3Cited by7 opinions

  1. Milburn v. State, Texas Court of Appeals, 14th District (Houston)2000
  2. Milburn v. StateCourt of Criminal Appeals of Texas · 1999
  3. Clara Marie Allen v. State, Texas Court of Appeals, 14th District (Houston)2009
  4. Darrell Brown v. State, Texas Court of Appeals, 8th District (El Paso)2014
  5. Jose Angel Acosta A/K/A Joe Angel Acosta v. State, Texas Court of Appeals, 13th District2014

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