Legal Opinion
Mitchell v. State
Texas Court of Appeals, 4th District (San Antonio)
Decided June 30, 2000No. 04-96-00643-CRPublishedCited by 11 opinions
1Opinion of the Court
OPINION
Opinion by:
TOM RICKHOFF, Justice.
On first review of this case a panel of our court found trial defense counsel ineffective for allowing the defendant to appear before the jury in the same distinctive T-shirt worn during the offense, featured on the store video and at the time of arrest. We presumed harm.
The Court of Criminal Appeals vacated our judgement and remanded this cause finding that we erred in presuming prejudice and finding that our analogy to state action “fails” because appellant was not compelled to wear jail clothes.2 We recognize our error. We have re-analyzed counsel’s…
2Cases cited13 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Thompson v. StateCourt of Criminal Appeals of Texas · 1999
- Hernandez v. StateCourt of Criminal Appeals of Texas · 1986
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- Estelle v. WilliamsSupreme Court of the United States · 1976
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mitchell v. StateCourt of Criminal Appeals of Texas · 2002
- Rodriguez v. State, Texas Court of Appeals, 4th District (San Antonio)2001
- James Harmon Jaubert, Jr. AKA James Harmon v. State, Texas Court of Appeals, 10th District (Waco)2000
- James Harmon Jaubert, Jr. AKA James Harmon v. State, Texas Court of Appeals, 10th District (Waco)2000
- Jaubert v. State, Texas Court of Appeals, 10th District (Waco)2001
6 more not listed; retrieve them via the Exa API.