Court of Criminal Appeals of Texas

Ex Parte Daniel Gallegos

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

Summary

The Court granted the inmate's habeas corpus petition, holding that he was denied effective assistance of counsel under the Sixth and Fourteenth Amendments because his appointed attorney failed to advise him of the applicable robbery law, and ordered his release and remand for further proceedings. A concurring opinion argued that the standard should be phrased as "reasonable competence" rather than "reasonably effective assistance".