Court of Criminal Appeals of Texas

Ex Parte George Edward McFARLAND, Applicant

May 18, 20052005 Tex. Crim. App. LEXIS 740

Summary

The Court denied the applicant's habeas corpus petition, holding that despite one attorney sleeping, the presence of a competent co‑counsel meant the Sixth Amendment right to counsel was not denied and that the ineffective‑assistance claims under Strickland were unsupported. The Court found no constructive denial of counsel and no prejudice. In a concurring opinion, Justice WOMACK argued that the applicant waived his claims by refusing the trial court’s offer of additional counsel.