West Headnote of the Day – May 10, 2010

May 10, 2010

West's Key 110 Criminal Law
West's Key 110XXXI Counsel
West's Key 110XXXI(C) Adequacy of Representation
West's Key 110XXXI(C)2 Particular Cases and Issues
West's Key 110k1941 Argument and Conduct of Defense Counsel
West's Key 110k1942 k. In General.

110 Criminal LawTrial counsel’s acknowledging and identifying with the negative impressions the jury was likely to harbor against defendant, who testified as to a host of prior convictions, was not deficient performance and therefore was not ineffective assistance of counsel in drunk driving prosecution, even though counsel stated during trial that defendant’s life was “a dad-gum mess,” that defendant was a liar, a thief, and a drug dealer, that defendant had committed so many crimes that he could not remember them all, that defendant’s personality sucked, and that defendant was coming across as an arrogant, audacious, spoiled brat.
Martin v. State, 265 S.W.3d 435 (Tex. App. 2007)