Court of Criminal Appeals of Texas

Ex Parte José Noey Martinez, Applicant

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

Summary

The Court affirmed the denial of habeas relief, holding that trial counsel's performance was not constitutionally ineffective with respect to both a temporary insanity defense based on voluntary intoxication and the investigation of the defendant's abusive childhood, and that any alleged deficiencies did not prejudice the sentencing outcome. Justice Hervey filed a concurring opinion agreeing with the judgment and emphasizing the reasonableness of counsel's investigation under the ABA guidelines.