Opinion

Johnson v. State

  • 691 S.W.2d 619
  • 1984 Tex. Crim. App. LEXIS 797
Court
Court of Criminal Appeals of Texas
Filed
Oct 31, 1984
Status
Published
Author
Clinton
On the bench
Davis, Clinton, Teague, Miller
Cited by
111 cases

rejecting claim of ineffective assistance for allegedly failing to interview witnesses because there was no evidence counsel did not interview witnesses

How later courts described this case

  • rejecting claim of ineffective assistance for allegedly failing to interview witnesses because there was no evidence counsel did not interview witnesses
  • overruling appellant's contention that counsel was ineffective because no evidence supported this contention
  • court’s charge at punishment following Article 37.-071 adequately guides jurors in application of mitigating evidence
  • accused’s death sentence for murder affirmed even though he did not actually kill during robbery

Written by the judges who cited it.

The opinion

CLINTON, Judge,

concurring.

I do not agree that special issues prescribed by Article 37.071, V.A.C.C.P. “adequately guide jurors in weighing the mitigating ... circumstances presented by the evidence,” but the majority is obviously unwilling to provide such guidance. Accordingly, since to dissent is futile, I merely concur in the judgment of the Court.

MILLER, J., joins.

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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