Court of Criminal Appeals of Texas

Freddie Batiste, Appellant v. the State of Texas, Appellee

September 14, 19941994 Tex. Crim. App. LEXIS 90

Summary

The Court of Criminal Appeals of Texas affirmed the lower appellate court's decision that the prejudice prong of the Strickland test applies to an ineffective‑assistance claim based on counsel's failure to preserve a Batson violation. The majority held that a defendant must still demonstrate a reasonable probability that the outcome would have been different, even when the underlying Batson error is a structural defect. The dissent argued that prejudice should be presumed in such cases, but no separate opinion is recorded.