Ex parte Walker – Case Brief Summary (Texas)

In Ex parte Walker, 794 S.W.2d 36, 37 (Tex. Crim. App. 1990), although counsel gave competent advice about who should have assessed punishment, he failed to effect his client's wishes by neglecting to file a "motion to elect" prior to trial. Walker, 794 S.W.2d at 36-37.

The Court held that even though the trial court had made findings that counsel had filed numerous pre-trial motions, conducted voir dire, cross-examined the State's witnesses, made numerous objections, made arguments at both phases of the trial, preserved the defendant's right to appeal, investigated the facts of the case, and discussed the law with the defendant, this single error rendered his assistance ineffective. Id. at 37.