Billy Don Craig, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals held that the Court of Appeals erred by applying the Strickland test to evaluate ineffective assistance of counsel during the punishment phase of a non‑capital murder case; the proper standard is the two‑part test from Ex parte Duffy. Accordingly, the case was remanded for reconsideration under that standard. Justice Benavides dissented, arguing that such issues should be decided in a post‑conviction habeas proceeding.