The State of Texas v. David Morales, Appellant

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' finding that the appellant's trial counsel provided ineffective assistance by failing to peremptorily strike a juror who was an assistant district attorney, holding that such a strategic decision is permissible. The Court declined to resolve whether the juror was disqualified under the implied bias doctrine, deeming the issue unnecessary to the disposition. It 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 implied bias and would have the lower court decide the ineffective‑assistance issue.