Opinion

Ex Parte Moody

  • 991 S.W.2d 856
  • 1999 Tex. Crim. App. LEXIS 46
  • 1999 WL 308745
Court
Court of Criminal Appeals of Texas
Filed
May 12, 1999
Status
Published
Author
Keller
On the bench
Meyers, Mansfield, Keller, Price, Womack, Johnson, Keasler, McCormick, Holland
Cited by
368 cases

holding that plea was rendered involuntary as a result of ineffective assistance of counsel due to counsel’s misadvice to defendant that he would be transferred to federal custody upon pleading guilty to state offense

How later courts described this case

  • holding that plea was rendered involuntary as a result of ineffective assistance of counsel due to counsel’s misadvice to defendant that he would be transferred to federal custody upon pleading guilty to state offense
  • explaining that, in assessing competence, counsel is “accountable for knowledge, or the ability to attain knowledge, of relevant legal matters that are neither novel nor unsettled”
  • holding defendant showed prejudice but noting that “not every reliance on erroneous advice is sufficient to justify rendering the plea vulnerable to collateral attack”
  • holding that the defendant‘s trial 5 counsel‘s testimony was sufficient to establish that but for counsel‘s advice, the defendant would not have pled guilty

Written by the judges who cited it.

The opinion

KELLER, J.,

delivered a concurring opinion in which MANSFIELD, WOMACK and KEASLER, JJ., joined.

McCORMICK, P.J., concurred only in the result.

HOLLAND, J., did not participate.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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