Ex parte Ard

In Ex parte Ard, No. AP-75, 704, (March 11, 2009), which concerned the sexual assault of a child, trial counsel consulted with an expert in forensic psychology regarding how false memories may be implanted through repetitious suggestion; however, though the expert did testify at trial, counsel failed to elicit such favorable testimony from him. The Texas Court of Criminal Appeals concluded that this failure on the part of trial counsel was below any objective standard of reasonableness and that there was a reasonable probability that but for counsel's deficient performance, the result of the trial would have been different. See id.