Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Environmental SocialSecurity Securities Immigration
Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim
QUESTION(S) PRESENTED QUESTION ONE IN A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON TRIAL COUNSEL'S MISADVICE THAT PETITIONER WAS ELIGIBLE TO RECEIVE PROBATION WHEN HE WAS NOT, AND BASED ON SUCH MISADVICE PETITIONER ENTERED A PLEA OF GUILTY,IF THE OBJECTIVE RECORD OF TRIAL REFUTE THE CLAIMS AND EXPLANATIONS PROVIDED BY COUNSEL IN AN AFFIDAVIT FILED DURING POSTCONVICTION PROCEEDINGS, ARE THE COURT'S REQUIRED TO GIVE GREATER WEIGHT TO INFORMATION CONTAINED IN THE OBJECTIVE RECORD OF TRIAL? QUESTION TWO IF DOCUMENTS FILED DURING THE TRIAL PROCEEDINGS, COMMENTS MADE BY THE PROSECUTOR, AND COMMENTS MADE BY THE TRIAL JUDGE ALL INDICATE THAT PETITIONER WAS ELIGIBLE FOR PROBATION, WHEN IN FACT HE WAS NOT, AND PETITIONER ENTERED A GUILTY PLEA BASED ON THE FALSE SUGGESTIONS THAT HE WAS ELIGIBLE FOR PROBATION, WAS PETITIONER'S GUILTY PLEA BASED ON AN UNINTELLIGENTLY MADE WAIVER OF RIGHTS TO A JURY TRIAL? ii