Court of Criminal Appeals of Texas

Ex Parte José Noey Martinez, Applicant

June 28, 20062006 Tex. Crim. App. LEXIS 1286

Summary

The Court of Criminal Appeals of Texas denied the applicant's habeas corpus relief, holding that trial counsel's performance was not constitutionally ineffective with respect to both the alleged temporary‑insanity defense based on voluntary intoxication and the alleged failure to investigate physical, emotional, and sexual abuse. The Court applied the Strickland‑Wiggins framework, finding no reasonable‑professional‑norm deficiency and no prejudice. Justice Hervey filed a concurring opinion, agreeing with the judgment and emphasizing the lack of a duty to pursue uncooperative witnesses. The decision was affirmed.