Supreme Court Report

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Andrew Lewis v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-94,433-01 · judgment February 1, 2023


Certiorari denied · June 20, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a petition filed soon after the judgment below, and a petition citing one or two dissents, and down for a state or local-government respondent.

Question presented

Petitioner was convicted of three counts of injury to a child and sentenced to 99 years imprisonment on the most serious charge. Two pediatricians testified for the prosecution that the infant had sustained a traumatic brain injury (TBI) when petitioner was alone with her. Petitioner’s trial counsel did not impeach them with available medical records or call a doctor to testify. Petitioner filed a habeas corpus application alleging that trial counsel was ineffective in this and other respects. A third pediatrician and a radiologist testified at the habeas hearing that, had the infant sustained a TBI, she could not have fed from a bottle for weeks, yet the hospital records reflect that she had normal sucking and fed from a bottle on the morning she was admitted. These doctors also explained why other opinions of the prosecutions’ doctors were incorrect. The habeas trial judge—who had presided at the trial—found that trial counsel performed deficiently and, had he presented expert medical testimony, the jury probably would have acquitted petitioner on the most serious charge. The Texas Court of Criminal Appeals (TCCA) held that petitioner did not prove prejudice, citing trial testimony that supported the convictions without discussing how the expert medical testimony presented at the habeas hearing would have affected the verdicts. The question presented is: Whether the TCCA, by considering only the trial testimony that supported the convictions rather than how the testimony of petitioner’s

Counsel of record

For petitioner
Randolph L. Schaffer Jr.
Randy Schaffer P.C.

For respondent
—

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 20, 2023 · Certiorari denied

Proceedings

  1. Jun 20 2023
    Petition DENIED.
  2. May 30 2023
    DISTRIBUTED for Conference of 6/15/2023.
  3. Apr 11 2023
    Petition for a writ of certiorari filed. (Response due May 15, 2023)