Bobby David Green v. James A. Lynaugh, Director, Texas Department of Corrections

The State of Texas brings this appeal from the granting of habeas corpus relief to defendant Bobby David Green on the basis that he received ineffective assistance of counsel at trial because his attorney was inadequately prepared for trial and because counsel advised him to waive trial by jury. We are convinced that the district court misapplied the standard for determining when counsel has been ineffective. We reverse.

Background

On the morning of February 10, 1982, Richard Kast was returning to his home at the Natchez Trace Apartments when he was accosted and robbed at gunpoint in a darkened…