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When Justice Defers to Itself: The Numbers Behind Texas’ Broken Standard of Review

📊 When Justice Defers to Itself: The Numbers Behind Texas’ Broken Standard of Review In our last post, we exposed how Texas courts hide behind the phrase “in the light most favorable to the verdict.” It sounds like due process, but it’s really a policy of self-preservation — a way to defend convictions instead of defending the truth. Now, let’s look at the numbers that prove it. ⚖️ The Data Doesn’t Lie — Even When Courts Do According to data compiled by the National Registry of Exonerations (as of 2025), Texas has recorded over 450 exonerations since 1989 — the most of any state in the country. More than 70% of those wrongful convictions were based on witness misidentification or false testimony . And yet, nearly all of them were upheld on appeal before new evidence finally forced the courts to act. The Texas Court of Criminal Appeals routinely applies the sufficiency standard established in Jackson v. Virginia (443 U.S. 307, 1979) — but the Texas interpretation goes f...
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Ineffective Assistance of Counsel: Grounds for Claiming Legal Inadequacies

**Topic: Grounds for Claiming Ineffective Counsel**


**Applicable Law: Texas Code of Criminal Procedure Article 11.07, § 2**



The right to effective legal representation is fundamental to ensuring a fair trial and upholding justice. In cases of wrongful conviction, individuals like Mr. Bobby Buckner may have grounds to claim ineffective assistance of counsel under Texas law, as outlined in Article 11.07, Section 2 of the Code of Criminal Procedure.


**Understanding Ineffective Assistance of Counsel**


Ineffective assistance of counsel occurs when legal representation falls below the standard expected of competent attorneys, resulting in prejudice to the defendant's case. This legal doctrine recognizes that defendants have a constitutional right to adequate and competent legal representation throughout criminal proceedings.


**Legal Standards and Criteria**


To establish ineffective assistance of counsel, individuals must demonstrate:


- Counsel's performance was deficient, meaning it fell below the standard of reasonably competent representation.

- The deficient performance prejudiced the defense, meaning it likely affected the outcome of the trial or resulted in an unfair proceeding.


**Examples of Ineffective Assistance**


Ineffective assistance of counsel can manifest in various ways, including:


- Failure to investigate crucial evidence or witnesses.

- Inadequate preparation for trial.

- Lack of communication or consultation with the defendant.

- Failure to challenge improper evidence or legal procedures.


**Filing Claims Under Article 11.07, Section 2**


Under Texas law, individuals can assert claims of ineffective assistance of counsel in post-conviction habeas corpus petitions, as provided by Article 11.07, Section 2 of the Code of Criminal Procedure. This statute enables defendants like Mr. Bobby Buckner to present compelling arguments regarding deficiencies in legal representation that affected the fairness of their trial.


**Seeking Remedies and Relief**


Claims of ineffective assistance of counsel can lead to remedies such as a new trial or reversal of convictions. By asserting these claims under Texas law, wrongfully convicted individuals can challenge the integrity of their original trial and seek justice through legal avenues.


**Conclusion**


In the pursuit of justice for individuals like Mr. Bobby Buckner, recognizing and addressing claims of ineffective assistance of counsel is paramount. By holding legal representatives accountable to constitutional standards of competence, we uphold the principles of fairness and due process within the criminal justice system.


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