· 8/7/1990
Terry Allen Bouchillon v. James A. Collins, Director Texas Department of Criminal Justice, Institutional Division
Citations
- 907 F.2d 589
- 1990 U.S. App. LEXIS 13373
- 1990 WL 101325
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “there is a duty to investigate which cannot be abridged because counsel is only appointed, not retained”
- holding attorney’s decision not to investigate defendant’s mental health after learning of prior institutionalizations is not tactical decision where mental health was only defense
- holding the prejudice prong satisfied when a psychologist testified that due to a clinically recognized mental disorder the defendant was incompetent to plead guilty
- explaining that counsel’s lack of investigation after notice of past institutionalization constituted deficient performance
- holding trial counsel provided ineffective assistance without deciding actual competency or incompetency
- upholding finding that Post Traumatic Stress Disorder, “a clinically recognized, mental disorder,” rendered petitioner incompetent to plead guilty in 1982
Source: CourtListener parenthetical corpus (CC0).
Judges: Goldberg, Reavley, Higginbotham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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