Lopez v. State
2011 Tex. Crim. App. LEXIS 826
| Tex. Crim. App. | 2011Background
- Lopez indicted for aggravated sexual assault of a child; offense alleged to have occurred around July 1, 2001.
- In January 2008, a jury convicted Lopez and assessed punishment at fifty years’ imprisonment.
- On direct appeal, the Houston First Court of Appeals reversed the conviction for ineffective assistance of counsel and remanded for further proceedings.
- This Court granted discretionary review to determine whether the Court of Appeals erred given the record is silent on counsel’s tactical reasons for challenged conduct.
- The Court of Appeals found deficiencies in trial counsel’s handling of 38.072 hearsay and expert/opinion objections, and conducted a prejudice analysis under Strickland.
- The Texas Court of Criminal Appeals reversed, holding the record is silent as to why counsel did not object, thus failing to establish deficient performance; remanded to the Court of Appeals for consideration of remaining issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether record supports ineffective-assistance finding | Lopez | State | No deficient performance proven; record silent |
| whether silence of record precludes prejudice inquiry | Lopez | State | Prejudice analysis not reached due to failure to prove deficiency |
| whether appellate review on direct appeal is appropriate for ineffective-assistance claims | Lopez | State | Direct-appeal review possible only where record demonstrates deficient performance as a matter of law |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court (1984)) (two-prong standard for ineffective assistance)
- Hernandez v. State, 726 S.W.2d 53 (Tex. Crim. App. 1986) (Texas adoption of Strickland standard)
- Yount v. State, 872 S.W.2d 706 (Tex. Crim. App. 1993) (presumption of reasonable strategy; not retrospective hindsight)
- Robertson v. State, 187 S.W.3d 475 (Tex. Crim. App. 2006) (totality of representation; no hindsight scrutiny)
- Massaro v. United States, 538 U.S. 500 (U.S. Supreme Court (2003)) (potential for post-conviction relief without live testimony)