Court of Criminal Appeals of Texas

Ex Parte Anthony Charles Graves, Applicant

January 2, 20022002 Tex. Crim. App. LEXIS 1

Summary

The Court dismissed the applicant’s third habeas corpus petition as an abuse of the writ because a claim of ineffective assistance of prior habeas counsel is not a cognizable issue on habeas review and does not satisfy the statutory requirements for a subsequent petition; the dissenting judges argued that the statute’s guarantee of competent counsel should be read to require effective assistance and that the petition should be remanded.