Legal Opinion · Dissent

Read v. State

Court of Appeals of Texas

Decided April 5, 1989No. 09-88-193-CRPublished

1DissentBurgess, Justice

I respectfully dissent to the majority’s resolution of the point of error alleging ineffective assistance of counsel. The majority does not address appellant’s complaints that the failure to object to the admission of the tape recording based upon extraneous offenses rendered the assistance of counsel ineffective.

To demonstrate ineffective assistance of counsel, appellant must show (1) counsel’s assistance was not reasonably effective and (2) there exists a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. Moore v.…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Albrecht v. StateCourt of Criminal Appeals of Texas · 1972
  3. Moore v. StateCourt of Criminal Appeals of Texas · 1985
  4. Robinson v. StateCourt of Criminal Appeals of Texas · 1985
  5. Cude v. StateCourt of Criminal Appeals of Texas · 1979

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