Benny Dale Alexander v. O.L. McCotter Director, of Texas Department of Corrections, Respondent

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that conclusory allegations of prejudice present no cognizable claim of ineffective assistance of counsel
• holding lesser included offense instruction is not a federal constitutional matter in non-capital cases
• providing ineffective assistance claims based upon uncalled witnesses are disfavored and conclusory if unsupported by affidavits indicating the witnesses’ willingness and availability to testify and the substance of the proposed testimony
• providing ineffective assistance claims based upon uncalled witnesses are disfavored and conclusory if unsupported by affidavits indicating the witnesses’ willingness and availability to testify and the substance of the proposed testimony
• providing ineffective assistance claims based upon uncalled witnesses are disfavored and conclusory if unsupported by affidavits indicating the witnesses’ willingness and availability to testify and the substance of the proposed testimony
• stating the elements of the Texas attempt statute and concluding that the evidence was sufficient to support an attempted murder conviction, in part because “[t]here was testimony that the lug wrench could be used to kill a person” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).