appellant cannot overcome presumption (Texas) · Go Syfert
← Texas issues

appellant cannot overcome presumption in Texas

12 Texas opinions name it 1 courts 2002–2023 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Tong v. Stategreen
texcrimapp · 2000 · cited in 8 Texas opinions naming this issue, 2002–2012
2 sentences

2012See Tong v. State, 25 S.W.3d 707, 714 (Tex. Crim.

2004Tong, 25 S.W.3d at 714 ; Broussard , 68 S.W.3d at 199 .

68
Thompson v. Stategreen
texcrimapp · 1999 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Chuong Duong Tong v. State, 25 S.W.3d 707, 714 (Tex.Crim.App.2000) (holding that “without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design”), cert. denied, 532 U.S. 1053, 121 S.Ct. 2196 , 149 L.Ed.2d 1027 (2001); see also Thompson v. State, 9 S.W.3d 808, 814 (Tex.Crim.App.1999); Jackson, 877 S.W.2d at 771 .

2002See Tong , 25 S.W.3d at 714 (holding that "without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design"); see also Thompson , 9 S.W.3d at 814 ; Jackson , 877 S.W.2d at 771 . "[O]nly in rare cases will the record on direct appeal be sufficient for an appellate court to fairly evaluate the claims." Robinson v. State , 16 S.W.3d 808 , 813 n.7 (Tex. Crim.

33
Breazeale v. Stategreen
texcrimapp · 1985 · cited in 2 Texas opinions naming this issue, 2021–2023
2 sentences

2023See id.

2021See id.

22
Bone v. Stategreen
texcrimapp · 2002 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008Bone , 77 S.W.3d at 833 .

2008See Bone , 77 S.W.3d at 833 .

12
Meroney v. City of Colleyvillegreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Chuong Duong Tong v. State, 25 *200 S.W.3d 707, 714 (Tex.Crim.App.2000) (holding that "without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design"), cert. denied, 532 U.S. 1053 , 121 S.Ct. 2196 , 149 L.Ed.2d 1027 (2001); see also Thompson v. State, 9 S.W.3d 808, 814 (Tex.Crim.App.1999); Jackson, 877 S.W.2d at 771 .

11
Chuong Duong Tong v. Texasgreen
scotus · 2001 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Chuong Duong Tong v. State, 25 S.W.3d 707, 714 (Tex.Crim.App.2000) (holding that “without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design”), cert. denied, 532 U.S. 1053, 121 S.Ct. 2196 , 149 L.Ed.2d 1027 (2001); see also Thompson v. State, 9 S.W.3d 808, 814 (Tex.Crim.App.1999); Jackson, 877 S.W.2d at 771 .

2002See Chuong Duong Tong v. State, 25 S.W.3d 707, 714 (Tex.Crim.App.2000) (holding that “without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design”), cert. denied, 532 U.S. 1053, 121 S.Ct. 2196 , 149 L.Ed.2d 1027 (2001); see also Thompson v. State, 9 S.W.3d 808, 814 (Tex.Crim.App.1999); Jackson, 877 S.W.2d at 771 .

11
Anderson v. Stategreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Anderson v. State, 871 S.W.2d 900, 904 (Tex. App.—Houston [1st Dist.] 1994, no pet.). 30 If the issue of ineffective assistance is raised on appeal, it has been repeatedly held that without a sufficient record an appellant cannot overcome the presumption that counsel made all significant decisions in the exercise of reasonable professional judgment.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Broussard v. State green
texapp · 2002
2 sentences

2004Tong, 25 S.W.3d at 714 ; Broussard , 68 S.W.3d at 199 .

2003Tong, 25 S.W.3d at 714 ; Broussard , 68 S.W.3d at 199 .

22003–2004
Robinson v. State green
texcrimapp · 2000
2 sentences

2002See Tong , 25 S.W.3d at 714 (holding that "without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design"); see also Thompson , 9 S.W.3d at 814 ; Jackson , 877 S.W.2d at 771 . "[O]nly in rare cases will the record on direct appeal be sufficient for an appellate court to fairly evaluate the claims." Robinson v. State , 16 S.W.3d 808 , 813 n.7 (Tex. Crim.

2002See Tong, 25 S.W.3d at 714 (holding that “without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design”); see also Thompson, 9 S.W.3d at 814 ; Jackson, 877 S.W.2d at 771 . “[O]nly in rare cases will the record on direct appeal be sufficient for an appellate court to fairly evaluate the claims.” Robinson v. State, 16 S.W.3d 808 , 813 n.7 (Tex. Crim.

22002–2002
Jackson v. State green
texcrimapp · 1994
2 sentences

2002See Chuong Duong Tong v. State, 25 S.W.3d 707, 714 (Tex.Crim.App.2000) (holding that “without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design”), cert. denied, 532 U.S. 1053, 121 S.Ct. 2196 , 149 L.Ed.2d 1027 (2001); see also Thompson v. State, 9 S.W.3d 808, 814 (Tex.Crim.App.1999); Jackson, 877 S.W.2d at 771 .

2002See Chuong Duong Tong v. State, 25 *200 S.W.3d 707, 714 (Tex.Crim.App.2000) (holding that "without some explanation as to why counsel acted as he did, we presume that his actions were the product of an overall strategic design"), cert. denied, 532 U.S. 1053 , 121 S.Ct. 2196 , 149 L.Ed.2d 1027 (2001); see also Thompson v. State, 9 S.W.3d 808, 814 (Tex.Crim.App.1999); Jackson, 877 S.W.2d at 771 .

12002–2002

← Caselaw search · G Cite Topics · Brief Check