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JOHNSON v. STATE

No. PD-1623-03.

169 S.W.3d 223 (2005)

Michael D. JOHNSON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied August 13, 2005.

Attorney(s) appearing for the Case

Paul E. Mansur, Denver City, for appellant.

William C. Sowder, DA, Lubbock, Matthew Paul, State's Attorney, Austin, for state

OPINION

KELLER, P.J., delivered the opinion of the Court in which MEYERS, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

When defense counsel's conduct deprives a defendant of his constitutional right to testify, is that deprivation subject to an analysis of harm or prejudice, and if so, what standard should be used? We hold that this type of claim is properly characterized as one of ineffective assistance of counsel and that the usual analysis of prejudice...

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