Brenda Cantrell Vaughn, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the lower court's judgment, holding that appellant's counsel was not ineffective for failing to object to the State's argument at the punishment phase because no controlling Texas precedent existed and the claim did not require a showing of prejudice. The Court also concluded that the State's argument did not violate appellant's due process rights under the Fifth Amendment. Separate opinions—Judge Baird's dissent and Judge Meyers' concurrence—argued that the State's argument was improper and that counsel's failure to object constituted ineffective assistance.