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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.