Ex parte Hill
| Decision Date | 20 October 1993 |
| Docket Number | No. 71755,71755 |
| Parties | Ex parte Phillip Anthony HILL. |
| Court | Texas Court of Criminal Appeals |
This is a post-conviction application for writ of habeas corpus filed pursuant to Article 11.07, § 2, V.A.C.C.P. Applicant was indicted for the felony offense of aggravated robbery alleged to have been committed with a co-defendant in May 1989 in Harris County. Applicant entered a plea of not guilty and was convicted of aggravated robbery and sentenced by a jury in the 183rd Judicial District Court to life in the penitentiary in June 1989. The sentence was enhanced by one prior conviction for aggravated robbery. Applicant's co-defendant plead guilty to the offense immediately prior to applicant's trial.
Applicant now complains that he was denied the effective assistance of counsel guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Art. I, § 10 of the Texas Constitution. He claims that his trial attorney erred when he proffered as an alibi witness his co-defendant who, pursuant to a guilty plea, had been previously convicted of the very offense for which applicant was being prosecuted. 1 For the reasons stated below, we agree with applicant's allegation and order a new trial.
Claims of ineffective assistance of counsel are governed by Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and adopted by this Court in Hernandez v. State, 726 S.W.2d 53, 57 (Tex.Cr.App.1986). See also Ex Parte Walker, 777 S.W.2d 427, 430 (Tex.Cr.App.1989). The Strickland Court enunciated a test that has two components: Strickland, 466 U.S. at 687, 104 S.Ct. at 2064.
Applicant claims that counsel erred in proffering a tainted alibi witness. The witness, who was also applicant's brother, entered a plea of guilty to the same offense for which applicant was standing trial just two days before taking the stand.
Trial counsel, while having the affirmative duty to investigate, failed to inquire into the witness's status regarding the...
To continue reading
Request your trial
-
Deleon v. The State Of Tex.
...Protective Services caseworker as witness who then “raised questions” concerning possible child abuse); see also Ex parte Hill, 863 S.W.2d 488, 489 (Tex.Crim.App.1993) (holding counsel was deficient for calling alibi witness who had already pleaded guilty to same crime). Counsel should have......
-
Robinson v. State
...murder-for-hire by Ronald Robinson?Fikaris: Yes, sir.Counsel: And that's what he was convicted of?Fikaris: That's correct. Robinson cites Ex parte Hill to argue that if defense counsel opens the door to evidence of a co-defendant's conviction for the same offense, counsel was ineffective, a......
-
Hilton v. State
...was deprived of effective assistance of counsel, in which case appellant could have been deprived of a fair trial. Ex parte Hill, 863 S.W.2d 488 (Tex.Crim.App.1993). This Court recognizes its power to make any appropriate order as the law and the nature of the case may require including aba......
-
Right to Counsel and Effective Assistance of Counsel
...which would have revealed that the codefendant had pleaded guilty to the case two days earlier, counsel was ineffective. Ex parte Hill, 863 S.W.2d 488 (Tex. Crim. App. 1993). It may be considered reasonable trial strategy for counsel to not interview defense witnesses before trial where the......
-
Right to Counsel and Effective Assistance of Counsel
...which would have revealed that the codefendant had pleaded guilty to the case two days earlier, counsel was ineffective. Ex parte Hill, 863 S.W.2d 488 (Tex. Crim. App. 1993). It may be considered reasonable trial strategy for counsel to not interview defense witnesses before trial where the......
-
Right to Counsel and Effective Assistance of Counsel
...which would have revealed that the codefendant had pleaded guilty to the case two days earlier, counsel was ineffective. Ex parte Hill, 863 S.W.2d 488 (Tex. Crim. App. 1993). It may be considered reasonable trial strategy for counsel to not interview defense witnesses before trial where the......
-
Right to Counsel and Effective Assistance of Counsel
...which would have revealed that the codefendant had pleaded guilty to the case two days earlier, counsel was ineffective. Ex parte Hill, 863 S.W.2d 488 (Tex. Crim. App. It may be considered reasonable trial strategy for counsel to not interview defense witnesses before trial where the failur......