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.