In Re Jerry Lavone Lively Jr. v. the State of Texas

How courts have described this case

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

• requiring habeas petitioner to (1) identify plausible alternative defense strategy, (2) establish that alternative strategy was objectively reasonable on facts available to attorney at time of his decision, and (3
• rejecting a conflict of interest claim where many of the petitioner’s attempts to show adverse effect were not viable defense strategies and strategies that were viable were not linked to the alleged conflict
• affirming denial of ineffective assistance claim on appeal where § 2254 petitioner failed to establish what new information a mental health expert would have discovered beyond what counsel already knew at the time of sentencing, had counsel ordered additional evaluation
• “[A] trial court must inquire into a conflict of interest ‘when it knows or reasonably should know that a particular conflict exists.’”
• “O]verruling by implication 22 is not favored.”
• “O]verruling by implication is not 4 favored.”

Source: CourtListener parenthetical corpus (CC0).