Whether the Texas courts' prejudice analysis defies this Court's precedents in Strickland v. Washington, Williams v. Taylor, and Wiggins v. Smith

QUESTION PRESENTED Petitioner was convicted of solicitation of two capital murders and sentenced to life in prison. The cases were indefensible, but he demanded a trial. Trial counsel knew that petitioner had a history of mental illness, including treatment at a hospital that diagnosed him with bipolar and personality disorders. Counsel hired a psychologist to evaluate him but abandoned the investigation because petitioner refused to cooperate. The prosecution disclosed the hospital records, but counsel failed to introduce them or present expert testimony to explain petitioner’s mental illness. Counsel falsely told the court during trial that he could not obtain the records and that the psychologist had “nothing to testify about” and failed to communicate with counsel. Petitioner alleged on habeas that counsel was ineffective in failing to present mitigating evidence at punishment. The habeas court found that counsel performed deficiently in failing to obtain and present evidence of petitioner’s mental illness documented in the records; in lying about his knowledge of the records; and in failing to present expert testimony to explain the mitigating evidence. But the court concluded that petitioner did not suffer prejudice, despite receiving maximum sentences. The Texas Court of Criminal Appeals (TCCA) denied relief. The question presented is: Whether the Texas courts’ prejudice analysis defies this Court’s precedents in Strickland v. ii QUESTION PRESENTED—Continued Washington, 466 U.S. 668 (1984); Williams v. Taylor, 529 U.S. 362 (2000); Wiggins v. Smith, 539 U.S. 510 (2003); and their progeny where the habeas court found that trial counsel performed deficiently in failing to investigate and present available mitigating evidence of petitioner’s mental illness—and lied to the trial court about his reasons for this omission— and where the jury assessed maximum sentences. iii RELATED CASES e State of Texas v. Jacob, Nos. 1543812 & 15438138, 2638rd District Court of Texas. Judgments of Conviction entered March 26, 2018. e Jacob v. State of Texas, Nos. 14-18-00304-CR & 14-18-00305-CR, Court of Appeals for the Fourteenth District of Texas. Opinion entered August 29, 2019. e Jacob v. State of Texas, Nos. PD-1262-19 & PD1263-19, Texas Court of Criminal Appeals. Orders Refusing Discretionary Review entered March 11, 2020. e Ex parte Jacob, Nos. WR-94,428-01 & WR-94,42802, Texas Court of Criminal Appeals. Orders Denying Habeas Corpus Relief entered September 6, 2023.