Ex parte West (original by judge newell)
Annotate this CaseApplicant was the ringleader of a group that burglarized dozens of apartments and condominiums in and around the Uptown area of Dallas in 2007 and 2008. A jury convicted Applicant of engaging in organized criminal activity for his role in the “Uptown burglaries” and sentenced him to 65 years in prison. In his application for writ of habeas corpus, Applicant alleged he was entitled to a new punishment hearing based upon trial counsel’s deficient performance during both the guilt-innocence and punishment phases of trial. While the Court of Criminal Appeals agreed that Applicant’s trial counsel failed to adequately investigate and present mitigating evidence, Applicant failed to demonstrate a reasonable probability that the result of the punishment proceedings would have been different. Consequently, the Court denied habeas.
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