Rivera v. State

How courts have described this case

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

• noting that prejudice can only be shown where sufficient new evidence would have tipped the scales in defendant = s favor
• noting that where the record does not make clear that defendant would not have pled guilty but for the error, no reasonable probability exists that the outcome would have been different
• noting that the result of the proceeding would have been different had information been available to counsel which would have led to mitigating evidence sufficient to reduce accused's sentence had counsel fulfilled duty to investigate
• noting that the result of the proceeding would have been different had information been available to counsel which would have led to mitigating evidence sufficient to reduce accused’s sentence had counsel fulfilled duty to investigate
• holding second Strickland prong 12 not satisfied where there was no indication that “information was available . . . which would have led to mitigating evidence sufficient to reduce [defendant’s] sentence had [counsel] fulfilled his duty”
• counsel appointed for punishment phase failed to conduct adequate investigation of facts of defendant’s cases [particularly of the defendant’s role in the offenses] and of defendant’s criminal history

Source: CourtListener parenthetical corpus (CC0).

Cited by

66 cases in this archive cite this case; the 20 most cited are listed.

• Shanklin v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2005-12-29· cited 143×
• Lair v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-07-03· cited 89×
• Freeman v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2005-04-20· cited 42×
• Gaston v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2004-04-29· cited 42×
• Jerome Goody v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2014-03-11· cited 23×
• Lenin Saldado Lopez v. State
  Court of Appeals of Texas· 2015-02-26· cited 21×
• Jose Luis Bazan v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2012-10-25· cited 19×
• Randon v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2005-07-19· cited 16×
• Bitterman v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2006-09-13· cited 7×
• Wynkoop v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-04-09· cited 5×
• in the Matter of J.B.
  Tex. App. Ct., 1st Dist. (Houston)· 2014-12-11
• Jesus Gonzalez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2014-12-22
• Hector Manuel Gonzalez, Jr. v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2014-12-31
• Armando Perales v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2004-11-24
• Jared Lloyd Shanklin v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2005-12-29
• Josias R. Valdez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2005-12-08
• Jimmy Lance Randon v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2005-06-16
• Jose Efrain Vega v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-02-23
• James Asa Wynkoop v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-11-01
• Brandon Kirk Lair v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-07-03

Cites

20 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Williams v. Taylor
  Supreme Court· 2000-04-18· cited 15,929×
• Thompson v. State
  Court of Criminal Appeals of Texas· 1999-10-13· cited 6,146×
• Wiggins v. Smith, Warden
  Supreme Court· 2003-06-26· cited 5,961×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 1986-09-17· cited 3,060×
• McFarland v. State
  Court of Criminal Appeals of Texas· 1996-02-21· cited 1,746×
• Garcia v. State
  Court of Criminal Appeals of Texas· 2001-10-03· cited 1,670×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 1999-04-14· cited 1,653×
• Jackson v. State
  Court of Criminal Appeals of Texas· 1998-07-08· cited 1,105×
• McFarland v. State
  Court of Criminal Appeals of Texas· 1992-09-23· cited 1,003×
• Ex Parte Duffy
  Court of Criminal Appeals of Texas· 1980-10-01· cited 683×
• Robinson v. State
  Court of Criminal Appeals of Texas· 2000-04-12· cited 447×
• Matchett v. State
  Court of Criminal Appeals of Texas· 1996-11-06· cited 343×
• Solis v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1997-08-13· cited 320×
• Moon v. State
  Court of Criminal Appeals of Texas· 1978-10-04· cited 180×
• Castoreno v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1996-10-30· cited 65×
• Thomas v. State
  Court of Criminal Appeals of Texas· 1980-06-11· cited 47×
• Miller v. State
  Court of Criminal Appeals of Texas· 1993-12-01· cited 35×
• Brown v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2000-01-06· cited 28×
• Rojas v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1997-03-17· cited 22×