Ex parte Rogers (Original)
Annotate this CaseApplicant Ronald Rogers pled guilty to aggravated assault with a deadly weapon and attempted aggravated sexual assault. Wearing a white mask, he hid in the stall of a women's restroom in an office building and attacked a woman, T.G., as she exited another stall. He pinned her to a wall and held a knife to her throat. T.G. pushed Applicant and began screaming. She ran out of the restroom, and other workers noticed her upset state. Applicant tried to leave the building but was stopped after a struggle with bystanders. When Applicant was apprehended, he was found carrying several items, including nylon rope, duct tape, handcuffs, gloves, and a glass pipe. A jury assessed punishment of a total of seventy-five years' confinement and $10,000 in fines. On appeal, the First Court of Appeals affirmed Applicant's conviction. Applicant filed applications for writs of habeas corpus, alleging that his attorney provided ineffective assistance of counsel at the punishment stage of trial. The convicting court filed findings of fact and conclusions of law, recommending that the Court of Criminal Appeals deny relief. The Court filed and set the applications, and granted relief. "Here, counsel failed to adequately investigate Applicant's whereabouts during the attack, and apparently he was aware that Applicant had been excluded by DNA. Had he presented this evidence, the probative value of [the victim's] testimony may not have been substantially outweighed by undue prejudice."
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