Legal Opinion · Dissent

Alvin Wesley Prine Jr. v. State

Court of Appeals of Texas

Decided August 4, 2016No. 14-15-00313-CRPublished

1DissentKem Thompson Frost, Chief Justice

We must deny relief on an ineffective-assistance claim. on direct appeal if the record does not provide trial counsel’s explanations for his conduct, unless there is no possible legitimate trial strategy.1 This appeal -is not one of the rare cases in which the issue can be decided on direct appeal in the face of a silent record.2 The court should not conclude trial counsel lacked any strategic reasoning for the decisions without first hearing trial counsel’s explanations. Because the court decides these very serious allegations, finding trial counsel ineffective, without the benefit of…

2Cases cited3 opinions

  1. Ortiz v. StateCourt of Criminal Appeals of Texas · 2002
  2. DeLeon v. State, Texas Court of Appeals, 14th District (Houston)2010
  3. Lee Joseph v. State, Texas Court of Appeals, 14th District (Houston)2012

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