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More than 50 Texas appellate opinions (on direct appeal) issued in the last 30 days have had to deal with alleged ineffective assistance claims. This seems to be getting out of hand. I did not check to see how many succeeded, but I am sure it was a very small percentage. Poor upbringing and poor lawyering seem to account for an awful lot of problems in this world.
After closer inspection, I have determined that only 37 opinions (in 30 days time) involved a claim of ineffective assistance. I excluded from the count claims raised in 11.072 writs and pro se in Anders appeals. But, the claim was rejected in every one of the cases. 37 is still way too many in my opinion. I recognize the advocate has a duty to use legal procedure for the fullest benefit of the client's cause and that account must be taken of the law's ambiguities and potential for change. But these claims too often seem to be unreasonably increasing the burdens of the case and unreasonably delaying resolution; and fail to demonstrate respect for the legal system and for those who serve it. Who is worse, the trial attorney who failed to do this or that or the appellate attorney who has no qualms about nitpicking the profession to death? Maybe Strickland does not provide enough guidance between the not so bad and not good enough.

[This message was edited by Martin Peterson on 08-23-08 at .]
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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