Hernandez v. State
- Decided
- September 17, 1986
- Docket
- 1009-83
- Status
- Published
- Jurisdiction
- Texas
Cited 3,060 timesNo negative treatment found in this library
What later courts said
- holding that the Strickland standards apply to ineffective assistance of counsel claims asserted under Article I, Section 10 of the Texas Constitution — Roger Elroy Slater v. State (2008)
- holding that Strickland standard applies in ineffective assistance of counsel claims brought under article I, section 10 of the Texas Constitution — Thomas Lee Spruill A/K/A Mauldin Austin v. State (2012)
- stating that the Strickland standard is applied to ineffective assistance of counsel claims under the Texas constitution — Richard Contreras, Sr. v. State (2015)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW TOM G. DAVIS, Judge.
Trial was before the jury[1] upon appellant's plea of not guilty to a charge of capital murder. V.T.C.A. Penal Code, Sec. 19.03(a)(2). After the jury found appellant guilty, the court, acting pursuant to V.T. C.A. Penal Code, Sec. 8.07(d), assessed punishment at life. The Court of Appeals for the Third Supreme Judicial District (Austin) affirmed appellant’s conviction in an unpublished opinion, Hernandez v. State, No. 3-82-370, (Delivered September 21, 1983). We granted appellant’s petition for discretionary review in order to examine the Court of Appeals’ holding that appellant’s trial counsel rendered effective assistance.
Following the Court of Appeals’ decision, the United States Supreme Court handed down its opinion in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The opinion in Strickland established an authoritative federal constitutional standard for determining ineffectiveness of counsel and for ascertain [*55] ing when such ineffectiveness is prejudicial.
Cite this
Hernandez v. State, 726 S.W.2d 53 (1986)Read the full opinion
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