Ex parte Green (Original)
Annotate this CaseDefendant was convicted of murder and sentenced to eighty years' imprisonment. After his conviction was affirmed defendant filed an application for writ of habeas corpus claiming that his trial counsel rendered ineffective assistance at the guilt and punishment phases of his trial. The court held that it could not conclude that defendant satisfied his burden of establishing that counsel's performance was deficient for failing to object to an officer's opinion that defendant looked "arrogant" in his photos; failing to move for a mistrial after the prosecutor asserted in a question that defendant threatened his girlfriend with a gun; failing to file a motion in limine and objecting to the prosecutor impeaching defendant with a drug conviction that arguably was inadmissible; and failing to object to the prosecutor's punishment argument that defendant did not show remorse. The court also could not say that, in the face of all the evidence the jury heard about the murder, it was reasonably probable the jury would have reached a different conclusion had defendant's trial counsel performed in the manner defendant now claimed. Accordingly, the court denied relief.
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