# Ex Parte Moody

> Court of Criminal Appeals of Texas · May 12, 1999 · 991 S.W.2d 856

URL: https://www.frixlaw.com/law-library/cases/9649093

## Case

- **Full name:** Ex Parte Bobby Joe MOODY, Applicant
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 12, 1999
- **Citations:** 991 S.W.2d 856; 1999 Tex. Crim. App. LEXIS 46; 1999 WL 308745
- **Precedential status:** Published
- **Opinion:** Concurrence by Keller
- **Judges:** Meyers, Mansfield, Keller, Price, Womack, Johnson, Keasler, McCormick, Holland
- **Cited by:** 368 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9649093

## How later opinions describe it (automated extraction)

- 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
- holding that the defendant’s trial counsel’s testimony was sufficient to establish that but for counsel’s advice, the defendant would not have pled guilty

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9649093. Public record. Not legal advice.