MITCHELL v. STATE

No. 04-96-00643-CR.

23 S.W.3d 582 (2000)

William MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

June 30, 2000.


Attorney(s) appearing for the Case

Michael Stephen Raign, San Antonio, for Appellant.

Mary Beth Welsh, Asst. Crim. Dist. Atty., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LOPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice.


OPINION

Opinion by: TOM RICKHOFF, Justice.

On first review of this case a panel of our court found trial defense counsel ineffective for allowing the defendant to appear before the jury in the same distinctive T-shirt worn during the offense, featured on the store video and at the time of arrest. We presumed harm.

The Court of Criminal Appeals vacated our judgement and remanded this cause finding that we erred in presuming prejudice and finding that...

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