Opinion

Aldrich v. State

  • 296 S.W.3d 225
  • 2009 Tex. App. LEXIS 6777
  • 2009 WL 2650611
Court
Court of Appeals of Texas
Filed
Aug 25, 2009
Status
Published
Author
Cayce
On the bench
Sue Walker
Cited by
46 cases

holding that counsel’s action — failing to timely designate experts in part because his client was indigent — rendered counsel ineffective when the record “affirmatively reflect[ed]” that he “repeatedly recognized the need for defense experts”

How later courts described this case

  • holding that counsel’s action — failing to timely designate experts in part because his client was indigent — rendered counsel ineffective when the record “affirmatively reflect[ed]” that he “repeatedly recognized the need for defense experts”
  • holding that appellant=s failure to show that he would have accepted plea offer if adequately conveyed to him did not satisfy second Strickland prong
  • holding that counsel’s continued misunderstanding of the law constituted deficient performance

Written by the judges who cited it.

The opinion

JOHN CAYCE, Chief Justice,

dissenting and concurring on rehearing.

I respectfully dissent to the majority’s holding that Aldrich has established by a preponderance of the evidence that, but for counsel’s performance, the result would have been different. While I agree with the majority’s holding that counsel’s performance was deficient, I do not believe the preponderance of the evidence shows that his conduct so undermined the functioning of the adversarial process that the trial produced an unjust result. I would, therefore, overrule Aldrich’s first point. Because I concur with the majority’s disposition of the second point, I would reverse the trial court’s judgment and remand the case to the trial court for a new punishment trial. I would affirm the remainder of the trial court’s judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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