Nesbit v. StateAnnotate this Case
After a jury trial, Defendant was convicted of first degree premeditated murder and sentenced to death. Defendant’s conviction and sentence were affirmed on appeal. Defendant subsequently filed a motion for post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court concluded that Defendant was not entitled to a new trial on the murder conviction but was entitled to a new sentencing hearing based on ineffective assistance of counsel. The Court of Criminal Appeals affirmed. The Supreme Court affirmed, holding that Defendant failed to prove by clear and convincing evidence a reasonable probability that, but for the deficient performance of his trial counsel, the verdict of guilt for first degree murder would have been different. Remanded for a new sentencing hearing.