Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Defendant's right to testify in habeas corpus proceeding
QUESTION(S) PRESENTED 1. When a defendent claims their trial counsel denied them the right to testify in a habeas corpus proceeding, can this claim and a witness' supporting affidavit be overcome by a court applying ineffective assistance of counsel jurisprudence? In other words, did the district court error in applying ineffective assistance of counsel cause and prejudice to Mr. White's claim, that previously this Court has determined to be a structural error? 2. If a structural error, how then does one substantiate a violation of the Constitutional right to testify in a habeas corpus proceeding, when sworn statements, in this case by Mr. White and a witness are disregarded by the district court, in lieu of trial counsel's affidavit, without an evidentiary hearing inzthe state or federal courts?