Gable v. State

As the majority’s opinion makes evident, to frame an issue is to decide it. Having framed the issue as whether petitioner was prejudiced by his lawyer’s failure to advise him of his right to object, the majority focuses on what petitioner would have done had he received the requisite advice. However, had the majority framed the issue as whether petitioner was prejudiced by his lawyer’s failure to object to the application of the later-enacted, more-onerous sentencing law, the majority would have been compelled to focus on the consequences of the lawyer’s failure to protect petitioner’s…