Court of Criminal Appeals of Texas

Ex Parte Daniel Gallegos

July 17, 19741974 Tex. Crim. App. LEXIS 1832

Summary

The Court of Criminal Appeals of Texas granted the inmate's habeas corpus petition, finding that the "reasonably effective assistance" standard governs ineffective‑assistance claims and that Gallegos was denied such assistance because counsel failed to advise him on the intent element of robbery. The writ was granted, ordering his release and remand for a new indictment. Justice Roberts filed a concurring opinion criticizing the terminology of the majority's test.