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.