Mallinger, Michael Joseph ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,227-01
EX PARTE MICHAEL JOSEPH MALLINGER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 670114-A IN THE 178TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). A jury convicted Applicant of murder and
assessed a forty-year prison sentence. The Fourteenth Court of Appeals affirmed the conviction.
Mallinger v. State, No. 14-95-00027-CR (Tex. App.—Houston [14th Dist.] del. May 2, 1996).
Applicant contends: that his trial counsel was ineffective for failing to investigate and present
evidence during the guilt/innocence phase from a qualified expert concerning the victim’s injuries;
that trial counsel was ineffective for failing to investigate and present favorable guilt/innocence
phase evidence that was present and readily available to counsel; that trial counsel was ineffective
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in his preparation of Applicant to testify during the guilt/innocence phase; that trial counsel failed
to advise Applicant of his right to testify at punishment; that trial counsel was ineffective for failing
to investigate and present mitigating evidence at punishment; that trial counsel was ineffective in
punishment summation; and that trial counsel’s cumulative errors rendered him ineffective.
Applicant also contends that he was denied due process of law and a fair trial based on the State’s
presentation of false evidence and false and misleading testimony.
This Court has independently reviewed the habeas record and holds that Applicant fails to
show entitlement to habeas relief. See Strickland v. Washington, 466 U.S. 668 (1984); Ex parte
Weinstein, 421 S.W.3d 656 (Tex. Crim. App. 2014). Habeas relief is denied.
Delivered: July 3, 2019
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