Court of Criminal Appeals of Texas
Ex Parte Carl Eddie Miller, Applicant
September 22, 20102010 Tex. Crim. App. LEXIS 1165
Summary
The Court held that trial counsel was not ineffective because the victim's prior assault conviction was inadmissible, but affirmed that appellate counsel was ineffective for failing to challenge the sufficiency of the habitual‑offender enhancement, granting the applicant a new appeal on that issue. A dissenting judge argued the appellate counsel's performance was a reasonable strategic choice.