Jaubert v. State

OVERVIEW

This case presents yet another problem created by the transfer of cases from one court of appeals to another under the plan for docket equalization.1 We have now *76reached the point of substantively altering the procedural due process which a litigant would otherwise obtain. If this case had not been transferred, there is no reason to believe that the Fort Worth Court of Appeals would not have reviewed the merits of the issue presented, ineffective assistance of counsel. However, this court requires preservation of a claim of ineffective assistance of counsel. Because the issue was not…