Topic: failure to call witnesses at the guilt-innocence and punish… · Go Syfert
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Topic #6811

7 canonical passages across 6 cases, quoted by 52 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Perez v. State.

#Case FlagCanonical passage Citers
1 Perez v. State Anchor
texcrimapp · 2010
green “failure to call witnesses at the guilt-innocence and punishment stages is irrelevant absent a showing that such witnesses were available and appellant would benefit from their testimony.” 20
2 Acosta v. State
texcrimapp · 2007
green “is required to make a choice between advancing his client's interest in a fair trial or advancing other interests (perhaps counsel's own) to the detriment of his client's interest.” 9
3 James v. State
texcrimapp · 1989
green “potential, speculative conflicts of interest" may not be "elevated to the position of actual, significant conflicts” 6
4 Lopez v. State
texapp · 2011
green “an appellant must identify specific instances in the record that reflect a choice that counsel made between possible alternative courses of action, such as 'eliciting (or failing to elicit) evidence helpful to one interest but harmful to the other.” 5
5 Lair v. State
texapp · 2008
green “an attorney's decision not to present particular witnesses at the punishment stage may be a strategically sound decision if the attorney bases it on a determination that the testimony of the witnesses may be harmful, rather than helpful, to the defendant.” 4
6 Acosta v. State
texcrimapp · 2007
green “an 'actual conflict of interest' exists if counsel is required to make a choice between advancing his client's interest in a fair trial or advancing other interests (perhaps counsel's own) to the detriment of his client's interest.” 4
7 Ex Parte Miller
texcrimapp · 2010
green “the fact that another attorney may have pursued a different tactic at trial is insufficient to prove a claim of ineffective assistance.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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