Ex Parte Aftab Ali

How courts have described this case

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

• recognizing that prejudice test is objective and turns on what reasonable person in defendant’s shoes would do
• stating that there is less potential for disregarding trial court’s findings in article 11.072 appeal than in appeal under article 11.07 where court of criminal appeals “is the ultimate fact finder”
• stating that there is less potential for disregarding trial court’s findings in article 11.072 appeal than in appeal under article 11.07 where court of criminal appeals “is the ultimate fact finder”
• finding no prejudice where applicant “would have risked the same deportation consequences and, in addition, could have been sentenced to up to one full year of actual jail time” at trial where his conviction on delivery of drug paraphernalia was “virtually certain”
• overwhelming evidence of guilt meant that the applicant’s conviction was “virtually certain,” and by rejecting the plea deal, the applicant “would have risked the same deportation consequences and, in addition, could have been sentenced to up to one full year of actual jail time”
• “Here, the trial court expressly found that Ali provided ‘no credible evidence’ that he was harmed by counsel’s allegedly deficient performance, and we are to defer to the trial court’s credibility determination.”

Source: CourtListener parenthetical corpus (CC0).