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Defendant claim-ineffective Counsel where Defense Counsel disbarred within days after representing client. Attorney was disbarred for drug addiction. Grounds for retrial? | ||
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Welcome to the TDCAA Bulletin Boards. The discussions in these user forums are for the benefit of prosecutors and their staff members, although we welcome relevant and appropriate input from other members of the criminal justice and government lawyer community. The opinions expressed on this forum are those of the authors and do not necessarily reflect those of TDCAA, its staff, or any other member of the association. These forums are NOT a source of legal advice for citizens. Call the State Bar of Texas (800/204-2222) for information on seeking legal advice. | |||
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I wouldn't worry too much. A lawyer's disbarment may or may not have anything to do with his effectiveness in a given trial. It is encumbent upon the defense to develop the ineffective assistance claim. Drug addiction in and of itself will NOT generally be grounds for a claim of ineffectiveness. The defense will have to show that his or her addiction rendered him ibncapable of carrying out his appointed duties. | |||
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