QUESTIONS PRESENTED FOR REVIEW

Does defense counsel render ineffective assistance of counsel based on the failure to present mental health evidence at the punishment phase of a noncapital criminal trial?

Is the Texas Court of Criminal Appeals correct in concluding that “given the entirely speculative nature involved in non-capital sentencing,” that ineffective assistance of counsel can never be established in a non-capital sentencing hearing based on the failure to present mitigating evidence?

Is the reviewing court required to determine if the reasons given by defense counsel for certain actions constitute ineffective assistance of counsel, or can the reviewing court disregard defense counsel’s reasons and decide if there is any hypothetical reason that would justify any lawyer in taking the actions taken by defense counsel?