Tracy B. Miles v. The State of Texas

Summary

The Texas First Court of Appeals held that Tracy B. Miles did not establish ineffective assistance of counsel based on trial counsel’s failure to use a peremptory strike against a prospective juror after challenges for cause were denied. The court reformed the judgment to delete the finding that Miles waived his right to appeal and affirmed the judgment as reformed.

Holdings

1. Miles failed to establish deficient performance under Strickland because the record was silent about counsel's reasons for not using a peremptory strike against Juror No. 2, and that decision was not so outrageous that no competent attorney would have made it.
2. The judgment should be reformed to delete the special finding stating, 'APPEAL WAIVED. NO PERMISSION TO APPEAL GRANTED,' because the record showed that Miles did not waive his right to appeal.

Questions Presented

1. Whether trial counsel rendered ineffective assistance by failing to use a peremptory strike against Juror No. 2 after the trial court denied challenges for cause, thereby failing to preserve appellate review of the denial.
2. Whether the appellate court should reform the judgment to delete the finding that Miles waived his right to appeal.

Disposition

affirmed