Bailey v. State

Alcalá, J.,

filed a dissenting opinion.

Based on the rationale in the dissenting opinion on en banc reconsideration by Chief Justice Radack of the First Court of Appeals, I respectfully dissent. I agree with her statement 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.” See Bailey v. State, 469 S.W.3d 762, 780 (Tex. App.-Houston [1st Dist.] 2015) (op. on rehearing) (Ra-dack, C.J., dissenting). I, therefore, would reverse the judgment of the court of appeals that affirms the…