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.