Summary
This document is a relator's petition for writ of mandamus filed in the Texas Court of Criminal Appeals on behalf of Keith Patrick McKay. It challenges proceedings arising from Houston County convictions and asserts ineffective assistance of counsel concerning competency, insufficient DNA evidence, and ineffective assistance during trial. The petition requests relief including reversal of the sentences and/or a new trial.
Questions Presented
- Whether trial counsel rendered ineffective assistance by failing to investigate and raise McKay's competency to stand trial.
- Whether the evidence was legally or factually insufficient to support McKay's conviction for sexual assault because the physical evidence did not link him to the offense.
- Whether trial counsel rendered ineffective assistance by failing to present mitigating evidence and properly impeach the complainant with alleged prior inconsistent statements.
Disposition
other
Cases Cited (29)
- Jackson v. Virginia, 443 U.S. 307, 315-16, 319, 99 S. Ct. 2781, 2786-87, 2789, 61 L. Ed. 2d 560 (1979)(followed)
- Strickland v. Washington, 466 U.S. 668, 687, 695, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)(followed)
- Ex parte Martinez, 330 S.W.3d 891, 900 (Tex. Crim. App. 2011)(followed)
- Hernandez v. State, 726 S.W.2d 53, 55-56 (Tex. Crim. App. 1986)(followed)
- Thompson v. State, 9 S.W.3d 808, 813 (Tex. Crim. App. 1999)(followed)
- Ex parte Felton, 815 S.W.2d 733, 735 (Tex. Crim. App. 1991)(followed)
- Ex parte LaHood, 401 S.W.3d 45 (Tex. Crim. App. 2013)(discussed)
- Sisco v. State, 599 S.W.2d 607, 614 (Tex. Crim. App. 1980)(followed)
- Barber v. State, 737 S.W.2d 824 (Tex. Crim. App. 1987)(followed)
- Caballero v. State, 587 S.W.2d 741 (Tex. Crim. App. 1979)(discussed)
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