Lajuan Cecile Bailey v. State

Because I believe that no competent attorney would employ a trial strategy that calls for eliciting privileged communications over his client’s clearly-stated objection on the record, and because the record clearly supports the conclusion that defense counsel did so in this case, I respectfully dissent.

A client may refuse to disclose or allow disclosure of confidential communications made among the client, the client’s representatives, the attorney, and the attorney’s representatives to facilitate rendition of professional legal services to the client. TexR.CRIM. Evid. 503(b). A communication…