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Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome

Loaded on July 15, 2022 by Mark Wilson published in Criminal Legal News August, 2022, page 10
Filed under: Counsel - Effective Assistance of, Probation, Parole & Supervised Release. Location: Texas.

by Mark Wilson

The Court of Criminal Appeals of Texas clarified the correct ineffective assistance of counsel (“IAC”) standard in cases of erroneous probation eligibility advice. It is not necessary to show a different outcome, only that the erroneous advice impacted the defendant’s decision-making, the Court instructed.

Timothy Aaron Swinney ...

 

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  2. Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32, by Douglas Ankney
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