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The applicant's allegations of prejudice do not address the central issue of prejudice under Strickland: whether there is a reasonable probability that the jury would have recommended probation had the issue been submitted to it. Such a finding in this case would be based on pure conjecture and speculation, and habeas corpus relief is denied.
December 05, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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