Court of Criminal Appeals of Texas

Albert Monreal, Appellant v. the State of Texas, Appellee

June 11, 19971997 Tex. Crim. App. LEXIS 45

Summary

The Court of Criminal Appeals of Texas affirmed the judgment of the Fourth Court of Appeals, holding that the appellant failed to demonstrate an actual conflict of interest by his trial counsel and that the Strickland v. Washington test, not the Cuyler v. Sullivan test, governs his ineffective assistance claim. The Court reasoned that counsel's personal interest did not require a choice that conflicted with the appellant's right to a fair trial. A concurring/dissenting opinion by Judge Baird argued that an actual conflict existed and that Cuyler should apply, but joined the judgment.