Court of Criminal Appeals of Texas

Ex Parte Brandy Del Briggs, Applicant

December 16, 20052005 Tex. Crim. App. LEXIS 2174

Summary

The Court granted the applicant's habeas petition, finding that her trial counsel's failure to investigate the infant's medical history and obtain expert assistance constituted deficient performance that prejudiced the plea, and therefore vacated the conviction and remanded for indictment. The Court denied the applicant's actual‑innocence claim because she did not establish unquestionable innocence. Justice Keller dissented, arguing that the trial court's findings support denying relief.