Court of Criminal Appeals of Texas

Freddie Lee Kober, Appellant v. the State of Texas

March 10, 19991999 Tex. Crim. App. LEXIS 18

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' finding of ineffective assistance of counsel and affirmed the trial court's judgment, holding that the prejudice prong of Strickland was not satisfied. The Court explained that speculation about a potential interview with the State's witness did not rise to a reasonable probability that the appellant would have declined the nolo contendere plea. Justice Meyers dissented, arguing that the case should be remanded for the Court of Appeals to complete its analysis.