# Weiner v. Dial

> Court of Criminal Appeals of Texas · June 29, 1983 · 653 S.W.2d 786

URL: https://www.frixlaw.com/law-library/cases/9685012

## Case

- **Full name:** David R. WEINER, Petitioner, v. Preston DIAL, Jr., Judge, Respondent
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 29, 1983
- **Citations:** 653 S.W.2d 786; 1983 Tex. Crim. App. LEXIS 1102
- **Precedential status:** Published
- **Opinion:** Dissent by Clinton
- **Judges:** Campbell, Onion, Teague, Clinton, McCormick, Miller
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9685012

## Opinion text

CLINTON, Judge,
dissenting.
The majority reads the statutory language in Articles 26.04 and 26.05, § 1, V.A. C.C.P., too literally. An appointed counsel, like a retained attorney, is charged with handling such “ancillary matters” that are in the interest of, and may redound to the benefit of, his client. Inhibiting full, robust and conscientious representation of the indigent appellant, as well as the indigent accused, ill serves the legal profession and the criminal justice system.
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9685012. Public record. Not legal advice.