Court of Criminal Appeals of Texas

The State of Texas v. David Morales, Appellant

May 14, 20082008 Tex. Crim. App. LEXIS 644

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' finding that trial counsel provided ineffective assistance by failing to peremptorily strike a prosecutor juror, holding that such a tactical decision does not constitute deficient performance under Strickland. The Court also declined to resolve whether the juror was disqualified for cause under the implied bias doctrine, deeming the issue unnecessary to the outcome. The Court remanded for the Court of Appeals to consider the appellant's claim that counsel was ineffective for not reviewing the juror's questionnaire. Justice Womack, in a concurring opinion, disagreed with the majority's view on the implied bias doctrine.