McKay, Keith Patrick
WR-84,204-01
| Tex. | Nov 17, 2015Background
- Relator Keith Patrick McKay was convicted by a jury in Houston County, Texas, of aggravated sexual assault, injury to an elderly individual, and two counts of burglary; sentenced to 99 years.
- Physical-forensic testing (fingerprints, shoeprint, and DNA testing on a bloodstained plastic bag) did not link McKay to the scene; the forensic analyst excluded McKay from the tested blood stain.
- Victim gave inconsistent statements about the time and circumstances of the attack (initially ~6:45 a.m., later ~2:30 a.m.; differing accounts about consciousness and property taken).
- During trial and punishment-phase proceedings McKay displayed erratic behavior and reported not receiving psychotropic medication; trial counsel previously obtained a competency exam for McKay on an earlier misdemeanor matter.
- McKay seeks mandamus relief asserting: (1) trial counsel was ineffective for failing to investigate and raise competency-to-stand-trial issues; (2) DNA and forensic evidence were legally insufficient to support the sexual-assault conviction; and (3) additional ineffective-assistance claims for counsel’s performance at the merits and punishment phases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether trial counsel was ineffective for not investigating/raising competency | McKay: counsel knew of prior mental-health history, observed erratic behavior at trial, and therefore should have investigated/asked for competency proceedings | State/Trial court: counsel reasonably concluded McKay was competent; breaks and accommodations, and counsel formed a professional judgment that evaluation was unnecessary | Court found counsel’s investigation unreasonable (deficient performance) but concluded McKay failed to show prejudice — no reasonable probability an incompetency finding would have resulted |
| 2. Whether forensic (DNA/fingerprint) evidence was legally sufficient to support sexual-assault conviction | McKay: absence of his DNA and fingerprints at scene and forensic exclusion of blood on bag render the verdict unsupported and clearly wrong | State: circumstantial and testimonial evidence can support conviction despite lack of forensic match (court applies Jackson legal-sufficiency standard) | Court reviewed sufficiency standards (Jackson/Clewis) and considered the absence of forensic links but did not grant relief on sufficiency grounds in the opinion summarized here (issue argued by relator) |
| 3. Whether counsel was ineffective at the merits/punishment phases (failure to impeach victim, present mitigation, or challenge inconsistencies) | McKay: counsel failed to properly impeach victim’s inconsistent statements, did not present mitigating/alibi witnesses, and failed to exploit forensic gaps | State: counsel’s trial choices were tactical; impeachment predicates and evidentiary questions were governed by established rules | Relator urges relief; court analyzed standards for impeachment predicates and Strickland but denied relief on prejudice for competency claim and did not grant the broader remedy urged by McKay in this mandamus petition |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
- Jackson v. Virginia, 443 U.S. 307 (1979) (legal-sufficiency standard under due process)
- Ex parte Martinez, 330 S.W.3d 891 (Tex. Crim. App. 2011) (application of Strickland in Texas habeas context)
- Sisco v. State, 599 S.W.2d 607 (Tex. Crim. App. 1980) (Texas competency procedures and burden for raising bona fide doubt)
- Montoya v. State, 291 S.W.3d 420 (Tex. Crim. App. 2009) (trial-court bona fide doubt standard for initiating competency inquiry)
- Ex parte LaHood, 401 S.W.3d 45 (Tex. Crim. App. 2013) (post-conviction ineffective-assistance claim based on counsel’s failure to investigate mental-health history)