Court of Criminal Appeals of Texas

Heriberto Delrio, Appellant v. the State of Texas, Appellee

November 4, 19921992 Tex. Crim. App. LEXIS 205

Summary

The Court of Criminal Appeals held that the trial counsel’s failure to challenge a juror who openly admitted inability to be impartial did not constitute ineffective assistance of counsel, reversing the appellate court’s reversal and remanding for further error review. The decision emphasizes the presumption of counsel’s competence under Strickland and the discretionary nature of the right to an impartial jury.