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Anyone recall seeing a recent habeas case were the court ruled it was inappropriate for applicant to raise ineffective assistance on an inssue that had already been affirmed on appeal? (Sorry about the long sentence.)
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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Ex parte Nailor, No. 1109-03, 2004 WL 574634, at *3 (Tex.Crim.App. Mar. 24, 2004) ("We hold that specific allegations of deficient attorney performance that were rejected on direct appeal are not cognizable on habeas corpus as a part of a larger ineffective assistance of counsel claim when the defendant does not offer additional evidence to support that specific claim of deficient performance in the habeas proceeding.")
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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Thanks
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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