Court of Criminal Appeals of Texas

Ex Parte Eddie Menchaca

May 12, 19931993 Tex. Crim. App. LEXIS 99

Summary

The Court held that the defendant's prior rape conviction was inadmissible for impeachment under Tex. R. Crim. Ev. 609(c) because his probation had expired and he had no subsequent felony, and that trial counsel's failure to object to its admission constituted ineffective assistance of counsel under Strickland. Accordingly, the habeas relief was granted and the case was remanded for the defendant to answer the indictment.