Mays, Randall Wayne

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-75,105-01 EX PARTE RANDALL WAYNE MAYS, APPLICANT

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER B-15,717 392nd JUDICIAL DISTRICT COURT

HENDERSON COUNTY

Keasler, J., filed a concurring statement in which Price, J., joined.

CONCURRING STATEMENT I write separately to note my disagreement with some of the trial judge's findings and conclusions.

The trial judge finds and concludes that trial counsels failure to request a competency hearing and to raise the issue of insanity was a reasonable strategic determination. I am not totally convinced that counsels stated reasons can be characterized as reasonable trial strategy under the facts here. ⁽¹⁾ However, Applicant has not made the requisite showing of prejudice. ⁽²⁾ I would therefore deny relief on grounds two and three on that basis.

DATE FILED: March 16, 2011

DO NOT PUBLISH

1. See e.g., Wiggins v. Smith, 539 U.S. 510, 521-22 (2003).

2. Strickland v. Washington, 466 U.S. 668, 694 (1984).