Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
1. When a defendent claims their trial counsel denied them
the right to testify in a habeas corpus proceeding, can this claim
and a witness' supporting affidavit be overcome by a court apply
ing ineffective assistance of counsel jurisprudence? In other
words, did the district court error in applying ineffective assis
tance of counsel cause and prejudice to Mr. White's claim, that
previously this Court has determined to be a structural error?
2. If a structural error, how then does one substantiate a
violation of the Constitutional right to testify in a habeas
corpus proceeding, when sworn statements, in this case by Mr. White
and a witness are disregarded by the district court in lieu of
trial counsel's affidavit, without an evidentiary hearing in state or federal courts?
Defendant's right to testify in habeas corpus proceeding