401 S.W.3d 45
Tex. Crim. App.2013Background
- Applicant Michael LaHood was convicted of aggravated kidnapping and aggravated sexual assault and received concurrent 30-year terms.
- Direct appeal affirmed his convictions; discretionary review petitions were denied.
- Applicant filed habeas corpus applications alleging ineffective assistance of counsel for failing to investigate mental-health history.
- Habeas court ordered more fact-finding; remands followed for additional records and notes from trial counsel.
- The court ultimately held trial counsel’s failure to investigate was deficient, but no prejudice was shown, and relief was denied.
- The court did not address a proposed retrospective competency inquiry as no prejudice was proven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel deficient for not pursuing mental-health history? | LaHood | LaHood | Yes, deficient performance. |
| Did deficiency prejudice the outcome under Strickland? | LaHood | LaHood | No, no reasonable probability of incompetency finding. |
| Should the remedy be a competency trial or new trial if prejudice shown? | LaHood | LaHood | Not reached due to lack of prejudice. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes standard for ineffective assistance of counsel)
- Sisco v. State, 599 S.W.2d 607 (Tex. Crim. App. 1980) (informal competency inquiry and standard of review)
- Barber v. State, 737 S.W.2d 824 (Tex. Crim. App. 1987) (competency-related remedies and procedures)
- Williams v. State, 663 S.W.2d 832 (Tex. Crim. App. 1984) (progeny of competency standards and procedure)
- Morris v. State, 301 S.W.3d 281 (Tex. Crim. App. 2009) (competency evaluation factors and presumptions)
- Ex parte Martinez, 330 S.W.3d 891 (Tex. Crim. App. 2011) (Strickland standard applied in habeas context)