EX PARTE RANDALL WAYNE MAYS (Concurring Statement Filed)
Annotate this Case
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,105-01
EX PARTE RANDALL WAYNE MAYS, APPLICANT
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NUMBER B-15,717 392nd JUDICIAL DISTRICT COURT
HENDERSON COUNTY
Keasler, J., filed a concurring statement in which Price, J., joined.
CONCURRING STATEMENT I write separately to note my disagreement with some of the trial judge's findings and conclusions.
The trial judge finds and concludes that trial counsels failure to request a competency hearing and to raise the issue of insanity was a reasonable strategic determination. I am not totally convinced that counsels stated reasons can be characterized as reasonable trial strategy under the facts here. (1) However, Applicant has not made the requisite showing of prejudice. (2) I would therefore deny relief on grounds two and three on that basis.
DATE FILED: March 16, 2011
DO NOT PUBLISH
1. See e.g., Wiggins v. Smith, 539 U.S. 510, 521-22 (2003).
2. Strickland v. Washington, 466 U.S. 668, 694 (1984).
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