Court of Criminal Appeals of Texas

Ex Parte Samuel Walker, Jr., Applicant.

September 27, 19891989 Tex. Crim. App. LEXIS 176

Summary

The Court considered the applicant’s claim of ineffective assistance of counsel at both the guilt‑innocence and punishment stages of his aggravated robbery trial. It held that although counsel’s performance was deficient, the prejudice prong of Strickland was not satisfied, so the conviction stood. Applying the Duffy totality‑of‑representation test to the punishment stage, the Court found counsel’s representation unreasonable, set aside the sentence, and remanded the case for further proceedings.