Court of Criminal Appeals of Texas

Ex Parte Frank Douglas Felton, Applicant.

September 18, 19911991 Tex. Crim. App. LEXIS 187

Summary

The Court granted the applicant’s habeas corpus petition, finding that his trial counsel’s failure to investigate and understand the law governing a prior 1961 capital conviction constituted ineffective assistance of counsel, and that the use of that void conviction to enhance the sentence prejudiced the defendant. The Court applied Texas’s “reasonably effective assistance” standard and remanded for appropriate relief.