Legal Opinion

Ex parte Evans

Court of Criminal Appeals of Texas

Decided September 20, 2017No. WR-83,873-02PublishedCited by 11 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeelKeel, J.

in which Alcala, Richardson, Yeary, Newell, and Walker, JJ., joined. -

Applicant was charged with causing serious bodily injury to a child under Texas Penal Code section 22.04(a)(1). After the State abandoned the deadly weapon allegation, he pled guilty with a 50-year cap, and the trial court sentenced him to 50 years in prison. Applicant now claims that his plea was involuntary because his attorney mi-sadvised him about the effect of a deadly weapon finding on his parole eligibility. He says that if his attorney had correctly advised him, he would have insisted on going to trial. The…

3Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Marbury v. MadisonSupreme Court of the United States · 1803
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Hernandez v. StateCourt of Criminal Appeals of Texas · 1999

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

4Cited by11 opinions

  1. Miller, Arthur Franklin Jr.Court of Criminal Appeals of Texas · 2018
  2. In re Kenneth Barber, Jr., Theodore C. Smith, Jr., Danielle M. Rousseau, John BurkeSupreme Court of Vermont · 2018
  3. Ex Parte Mohammad Rashid Salim, Texas Court of Appeals, 2nd District (Fort Worth)2020
  4. Ex Parte Ram Kumar Samal, Texas Court of Appeals, 2nd District (Fort Worth)2021
  5. Halprin, Randy EthanCourt of Criminal Appeals of Texas · 2024

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

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