Shanklin v. State, PD. 0026-06.

Decision Date10 January 2007
Docket NumberNo. PD. 0026-06.,PD. 0026-06.
Citation211 S.W.3d 315
PartiesJared Lloyd SHANKLIN, Appellant, v. The STATE of Texas.
CourtTexas Court of Criminal Appeals

Brian W. Wice, Houston, TX, for Appellant.

Dan McCrory, Asst. D.A., Houston, TX, Matthew Paul, State's Attorney, Austin, TX, for State.

OPINION

JOHNSON, J., delivered the opinion of the unanimous Court.

A grand jury indicted appellant for murder. TEX. PENAL CODE § 19.02. Appellant plead not guilty. A jury sentenced appellant to sixty years' imprisonment in the Texas Department of Criminal JusticeCorrectional Institutions Division.

After sentencing, appellant filed a motion for new trial, alleging ineffective assistance of counsel. The trial court denied appellant's motion for new trial. Appellant appealed, asserting that the trial court erred in finding that appellant's counsel did not render ineffective assistance during both the guilt and punishment phases of trial. Shanklin v. State, 190 S.W.3d 154 (Tex. App.-Houston [1st Dist.] 2005).

The court of appeals found that appellant was entitled to a lesser-included offense instruction on manslaughter, but concluded that trial counsel's decision not to request a jury instruction on the lesser-included offense was not so outrageous that no competent attorney would have engaged in the conduct. The court of appeals also determined that trial counsel provided ineffective assistance by failing to interview or call a single witness to testify on appellant's behalf during the punishment phase, particularly when approximately twenty witnesses volunteered and were available to do so. Consequently, the court of appeals affirmed the trial court's guilty verdict, but remanded the cause for a new punishment hearing.

Appellant petitioned for discretionary review, and we granted review on appellant's sole ground.1 After reviewing the briefs of the parties, examining the relevant portions of the record, and hearing oral arguments, we conclude that our decision to grant appellant's petition was improvident. Accordingly, we dismiss appellant's petition. TEX.R.APP. PROC. 69.3.

1. "A divided panel of the First Court of Appeals erred in holding that defense counsel's failure to request a jury instruction on the lesser-included offense of manslaughter was not objectively deficient conduct when the evidence warranted this...

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63 cases
  • Lampkin v. State
    • United States
    • Texas Court of Appeals
    • 11 Agosto 2015
    ...; see also Shanklin v. State, 190 S.W.3d 154, 165–66 (Tex.App.–Houston [1st Dist.] 2005), pet. dism'd, improvidently granted, 211 S.W.3d 315 (Tex.Crim.App.2007). Finally, courts have considered whether and to what extent the proposed mitigating evidence serves to explain the defendant's act......
  • Charles Anthony Cueva Ii v. State
    • United States
    • Texas Court of Appeals
    • 14 Septiembre 2011
    ...901, 905 n. 5 (Tex.Crim.App.2007); Shanklin v. State, 190 S.W.3d 154, 158 (Tex.App.-Houston [1st Dist.] 2005), pet. dism'd, 211 S.W.3d 315 (Tex.Crim.App.2007); see also Delgado v. State, 13–09–00300–CR, 2010 WL 3279488, at *2, 2010 Tex.App. LEXIS 6730, at *4–5 (Tex.App.-Corpus Christi Aug. ......
  • Ex parte Ali
    • United States
    • Texas Court of Appeals
    • 17 Mayo 2012
    ...See, e.g., Shanklin v. State, 190 S.W.3d 154, 167 (Tex.App.-Houston [1st Dist.] 2005), pet. dism'd, improvidently granted,211 S.W.3d 315 (Tex.Crim.App.2007) (“The trial court is not required to believe factual statements contained within an affidavit, even when they are uncontradicted by ot......
  • Charles Anthony Cueva Ii v. State
    • United States
    • Texas Court of Appeals
    • 2 Mayo 2011
    ...905 n.5 (Tex. Crim. App. 2007); Shanklin v. State, 190 S.W.3d 154, 158 (Tex. App.—Houston [1st Dist.] 2005), pet. dism'd, 211 S.W.3d 315 (Tex. Crim. App. 2007); see also Delgado v. State, 13-09-00300-CR, 2010 Tex. App. LEXIS 6730, at *4-5 (Tex. App.—Corpus Christi Aug. 19, 2010, no pet.) (m......
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11 books & journal articles
  • Pretrial Motions
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 1 - 2015 Contents
    • 17 Agosto 2015
    ...267 (Tex.App.—Houston [14th Dist.] 2000, pet. ref’d); Shanklin v. State, 190 S.W.3d 154 (Tex.App.—Houston [1st Dist.] 2005), pet.dism ’ d 211 S.W.3d 315 (Tex. Crim. App. 2007). A defense attorney’s decision not to present particular witnesses at the punishment stage may be a strategically s......
  • Table of Cases
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2015 Contents
    • 17 Agosto 2015
    ...S.W.3d 808 (Tex. Crim. App. 2003), §§12:172.2, 12:177 Shanklin v. State, 190 S.W.3d 154 (Tex.App.—Houston [1st Dist.] 2005), pet.dism’d 211 S.W.3d 315 (Tex. Crim. App. 2007), §12:34 Shanklin v. State, 190 S.W.3d 154 (Tex.App.—Houston [1st Dist.] 2005, pet. granted ), §4:95.9 Shannon v. Stat......
  • Pretrial Motions
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 1 - 2019 Contents
    • 16 Agosto 2019
    ...(Tex.App.— Houston [14th Dist.] 2000, pet. ref’d); Shanklin v. State, 190 S.W.3d 154 (Tex.App.—Houston [1st Dist.] 2005), pet.dism ’ d 211 S.W.3d 315 (Tex. Crim. App. 2007). A defense attorney’s decision not to present particular witnesses at the punishment stage may be a strategically soun......
  • Pretrial motions
    • United States
    • James Publishing Practical Law Books Texas Criminal Lawyer's Handbook. Volume 1-2 Volume 1
    • 5 Mayo 2022
    ...(Tex. App.—Houston [14th Dist.] 2000, pet. ref’d); Shanklin v. State, 190 S.W.3d 154 (Tex.App.—Houston [1st Dist.] 2005), pet.dism ’ d 211 S.W.3d 315 (Tex. Crim. App. 2007). A defense attorney’s decision not to present particular witnesses at the punishment stage may be a strategically soun......
  • Request a trial to view additional results

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