North, James Christopher
WR-84,239-01
| Tex. App. | Dec 7, 2015Background
- North filed in Taylor County's 350th District Court for a writ of habeas corpus on November 6, 2015 seeking relief on four ineffective-assistance grounds.
- The district court issued a terse two-page “response” concluding each ground was facially meritless without a hearing.
- North argues the trial court failed to develop the record and improperly rejected his arguments.
- The issues center on (1) failure to present diminished mental capacity at guilt, (2) failure to object to an alternate juror's presence during deliberations, (3) failure to investigate and present evidence supporting self-defense, and (4) failure to prepare witnesses.
- North seeks reversal and remand for proper consideration consistent with due process and statutory requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—failure to present diminished mental capacity at guilt phase. | North's mental state evidence was known and should have been presented. | Counsel had no reason to question North's mental state. | Trial court erred; need development of evidence. |
| Ineffective assistance—failure to object to alternate juror in deliberations. | Alternate juror's presence violated article 36.22 and influenced deliberations. | Presence not subject to objection and no material effect shown. | Trial court erred; proper analysis required. |
| Ineffective assistance—failed to investigate/present crucial self-defense evidence. | Testing of clothing/gunshot residue could prove self-defense. | Cannot show what testing would reveal; investigation reasonable under Strickland/Wiggins. | Investigation and evidence-gathering unreasonable; remand needed. |
| Ineffective assistance—failure to prepare witnesses. | Witness preparation deficient, prejudicing defense. | Court's brief response; no adequate analysis provided. | Ground four inadequately addressed; remand warranted. |
Key Cases Cited
- Adams v. State, 275 S.W.3d 61 (Tex. App.—San Antonio 2008) (alternate-juror deliberations, outside influence; later reversed on other grounds)
- Trinidad v. State, 275 S.W.3d 52 (Tex. App.—San Antonio 2008) (prohibition against outside influence during deliberations; later reversed on other grounds)
- Wiggins v. Smith, 539 U.S. 510 (2003) (Strickland’s reasonableness of investigation governs tactical decisions)
- Strickland v. Washington, 466 U.S. 668 (1984) (right standard for evaluating ineffective assistance claims)
- North v. State, 2014 WL 272455 (Tex. App.—Eastland 2014) (cited for evidence that some testimony did not show the complainant fired a handgun)