Post Conviction Results
Ineffective Assistance of Counsel in Sentencing – Sentence Reduced – 11.07 Writ of Habeas Corpus
Case Details
Attorneys Jacob Blizzard and Morgan Walker have once again demonstrated their exceptional legal acumen by successfully representing a client in a Texas criminal case through a post-conviction appeal involving ineffective assistance of counsel in sentencing.
Our client, an 18-year-old African refugee at the time of sentencing, faced a daunting 13-year prison sentence after pleading guilty to aggravated assault with a deadly weapon. However, what his original counsel failed to present were the compelling circumstances surrounding his life, including surviving genocide as a child, untreated trauma, and witnessing his best friend’s murder, all contributing to the offense.
Utilizing the 11.07 writ of habeas corpus, Jacob and Morgan highlighted that the client received ineffective assistance of counsel in sentencing. This constitutional process allows for challenging unjust imprisonment, and in this case, it was key to securing a new sentencing hearing.
Outcome
The Court of Criminal Appeals ruled in favor of our client, reversing his initial sentence due to ineffective counsel in sentencing. Upon resentencing, and with the benefit of the newly presented mitigating evidence, our client’s sentence was reduced to 9 years. Having already served 4 years, he will be eligible for parole in just six months instead of the 2.5 years initially stipulated. 2025 Update: Our client is on parole and currently working on gaining a certification to obtain a job in the construction industry.
Legal Strategy
Our strategy focused on:
- Demonstrating ineffective assistance of counsel by highlighting the failure to present critical evidence.
- Utilizing the client’s unique background to contextualize his actions and advocate for a reduced sentence.
- Presenting tangible evidence of rehabilitation and progress during incarceration to influence the court’s decision.
Disclaimer
Prior results do not guarantee a similar outcome. Every case depends on its own facts and law. This page describes a past matter handled by Blizzard & Zimmerman Attorneys and is not legal advice.