Court of Criminal Appeals of Texas

Eric Lenard Smith, Appellant v. the State of Texas

May 17, 20002000 Tex. Crim. App. LEXIS 52

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and remanded the case, holding that appellant failed to overcome the presumption of effective counsel during the time for filing a motion for new trial. The Court affirmed its jurisdiction to consider the post‑adjudication claims and applied Oldham to sustain the presumption. The decision was unanimous, with a concurring opinion urging reconsideration of the approach to ineffective‑assistance claims.