McAfee v. Thaler, No. 08-41230

By FindLaw Staff on January 10, 2011 | Last updated on March 21, 2019

Aggravated Robbery Habeas Petition Denied

In McAfee v. Thaler, No. 08-41230, a prosecution for aggravated robbery, the court affirmed the denial of petitioner's habeas petition where the state court did not unreasonably apply Strickland's prejudice prong by finding that petitioner failed to establish an ineffective-assistance claim.


As the court wrote:  "Charles Franklin McAfee, Jr., Texas prisoner # 1207010, was convicted in state court of aggravated robbery and sentenced to twenty-eight years of imprisonment. This court granted a certificate of appealability to allow McAfee's appeal from the district court's denial of habeas relief on the following two issues: (1) whether McAfee's trial counsel was constitutionally ineffective during McAfee's hearing on his motion for new trial, and (2) whether the state district court denied McAfee a fair hearing by failing to grant his motion to dismiss trial counsel until after the hearing on the motion for new trial."

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