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GREEN v. LYNAUGH

No. 88-2324.

868 F.2d 176 (1989)

Bobby David GREEN, Petitioner-Appellee, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 24, 1989.

Attorney(s) appearing for the Case

David B. Fannin, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellant.

Thomas S. Berg, Roland E. Dahlin, II, George O. Jacobs, Houston, Tex., for petitioner-appellee.

Before GARZA, JOLLY and JONES, Circuit Judges.

PER CURIAM:

The State of Texas brings this appeal from the granting of habeas corpus relief to defendant Bobby David Green on the basis that he received ineffective assistance of counsel at trial because his attorney was inadequately prepared for trial and because counsel advised him to waive trial by jury. We are convinced that the district court misapplied the standard for determining when counsel has been ineffective. We reverse.

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