21 Texas opinions name it 2 courts 1992–2025 5 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hernandez v. Stategreen2 sentences1996It follows that the Texas scheme which allows the jury to determine the weight of mitigating evidence is not unconstitutional. [11] Obviously the legislature intended Article "37.071(b)," to refer to Article "37.071 § 2(b)(1)," the question on future dangerousness, and Article "37.071(e)" to reference Article "37.071 § 2(e)," the mitigation issue. [12] Texas adopted the Strickland two-prong test for purposes of state constitutional analysis in Hernandez v. State, 726 S.W.2d 53, 57 (Tex.Cr. 1996Texas adopted the Strickland two-prong test for purposes of state constitutional analysis in Hernandez v. State, 726 S.W.2d 53, 57 (Tex.Cr. | 5 | 11 |
Strickland v. Washingtongreen2 sentences2025See Andrus v. Texas, 590 U.S. 806, 813 (2020) (per curiam) (citing Strickland v. Washington, 466 U.S. 668 (1984)); State v. Hradek, No. PD-0083-23, 2024 WL 5059142 , at *6 (Tex. Crim. 2024See Strickland v. Washington, 466 U.S. 668 (1984); Hernandez v. State, 726 S.W.2d 53 , 55–56 (Tex. Crim App. 1986). | 4 | 5 |
Hathorn v. Stategreen2 sentences2023See Hathorn v. State, 848 S.W.2d 101, 118 (Tex. Crim. 1994Hernandez v. State, 726 S.W.2d 53, at 57 (Tex.Cr.App. 1986); and Hathorn v. State, 848 S.W.2d 101 (Tex.Cr.App.1992). | 2 | 3 |
Hernandez v. Stategreen2 sentences2019However, nearly twenty years ago in Hernandez v. State, the court of criminal appeals overruled Duffy and held that both prongs of the Strickland test are applicable to ineffective-assistance-of-counsel claims alleging deficient attorney performance at a punishment hearing. 988 S.W.2d 770, 772 (Tex. Crim. 2000See Hernandez v. State, 988 S.W.2d 770 (Tex.Crim.App.1999). | 2 | 2 |
Black v. Stategreen2 sentences1995Black v. State, 816 S.W.2d 350, 356 (Tex.Crim.App.1991). 11 . 1993Black v. State , 816 S.W.2d 350, 356 (Tex. Crim. | 2 | 2 |
Andrus v. Texasgreen1 sentence2025See Andrus v. Texas, 590 U.S. 806, 813 (2020) (per curiam) (citing Strickland v. Washington, 466 U.S. 668 (1984)); State v. Hradek, No. PD-0083-23, 2024 WL 5059142 , at *6 (Tex. Crim. | 1 | 1 |
Miniel v. Stategreen1 sentence2015Miniel v. State, 831 S.W.2d 310, 324 (Tex. Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Welborn
green
2 sentences2004Welborn, 785 S.W.2d at 393 . 2004Welborn , 785 S.W.2d at 393 . | 2 | 2004–2004 |
Ex Parte Duffy
green
1 sentence2019App. 1980), to contend that “[t]he standard of review for ineffective assistance of counsel at the punishment stage differs from the Strickland two-prong test” and that “[t]he right to effective assistance of counsel at the punishment stage entitles appellant to counsel ‘reasonably likely to render and rendering reasonably effective assistance.’” This statement is incorrect. 11 Under Duffy, a court of criminal appeals case decided before Strickland, the defendant was not required to demonstrate prejudice when the alleged deficient performance occurred during a noncapital sentencing proceeding. | 1 | 2019–2019 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.