Legal Opinion

State v. Bennett

Court of Criminal Appeals of Texas

Decided November 27, 2013No. PD-0354-12PublishedCited by 33 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which KELLER, P.J., JOHNSON, HERVEY, COCHRAN, and ALCALA, JJ., joined.

In his motion for new trial, Carl Bennett alleged that he received ineffective assistance of counsel. The trial judge agreed and granted him a new trial. The court of appeals reversed and found that trial counsel was not ineffective for failing to challenge Bennett’s indictment on statute-of-limitations grounds because the legal basis of such a challenge was unsettled. We agree and affirm the court of appeals’ judgment.

On December 1, 2009, Bennett was indicted for aggravated assault allegedly occurring on June 5,…

3Cases cited9 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Ex Parte ChandlerCourt of Criminal Appeals of Texas · 2005
  3. Proctor v. StateCourt of Criminal Appeals of Texas · 1998
  4. Ex Parte MatthewsCourt of Criminal Appeals of Texas · 1996
  5. Hunter v. StateCourt of Criminal Appeals of Texas · 1979

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

4Cited by33 opinions

  1. Donald v. StateCourt of Appeals of Texas · 2018
  2. Schunior, Victor Manuel Jr.Court of Criminal Appeals of Texas · 2016
  3. Marc Fantich v. State, Texas Court of Appeals, 12th District (Tyler)2013
  4. Lewis, Darren D.Court of Criminal Appeals of Texas · 2017
  5. State v. Victor Manuel Schunior, Jr., Texas Court of Appeals, 4th District (San Antonio)2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API