Ewing v. State

The majority holds that “The record does not support the conclusion that appellant’s retained trial counsel breached a legal duty to her client.” (Emphasis added). I dissent.

The majority’s conclusion furthers the obscurity in our decisions related to claims of ineffective assistance. See, Williams v. Estelle, 416 F.Supp. 1073 (N.D.Tex.1976). The “breach of a legal duty” standard is generally applied to claims of ineffective retained counsel, Hunnicutt v. State, 531 S.W.2d 618 (Tex.Cr.App.1976), while the “reasonably effective assistance” standard is generally applied to claims of ineffective…