Editor’s note: What follows are summaries of state and federal appellate court opinions issued from Sept. 14 to Sept. 20. The List is organized by court and practice area. All of the opinions listed are available on www.texaslawyer.com.
Court of Criminal Appeals
Riley v. State
Sept. 19, 2012; No. PD-1531-11
The court of appeals agreed with the appellant that, because of his trial counsel’s ineffective assistance, he was denied an opportunity to be placed on deferred-adjudication community supervision. While the appellant has shown deficient performance by trial counsel, he has failed to prove that, had defense counsel properly informed appellant of his ineligibility for probation, there is a reasonable probability that his trial would have produced a different result. The court of appeals’ judgment is reversed and remanded.
