Ex Parte Rodney Keith Cash, Applicant

Summary

The Court of Criminal Appeals of Texas denied the applicant's habeas corpus petition, holding that he failed to demonstrate the prejudice required under the second prong of Strickland, and therefore his claim of ineffective assistance of counsel was unsuccessful. The majority concluded that any speculation that a jury might have imposed probation was insufficient. Justice Holcomb dissented, arguing that the applicant satisfied both prongs of Strickland and should have been granted relief.