Eric Lenard Smith, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals held that the appellant failed to overcome the presumption that he was adequately represented by counsel during the time for filing a motion for new trial, reversing the Court of Appeals and remanding for further consideration of remaining points of error. Justice Johnson, in a concurring opinion, argued that the record rebuts the presumption and suggested reconsideration of the issue of counsel during the post‑conviction filing period.