Legal Question in Criminal Law in Texas
Defendant's Right to Testify
Defendant charged with Aggravated Sexual Assault of a Child. Defendant had court appointed attorney. Court appointed did not like defendant and defendant did not like attorney. Attorney refused to allow defendant to testify although defendant asked to testify. Defendant asked judge in writing for a different attorney and judge denied defendant a new attorney. Defendant did not get to testify and was convicted and sentenced to a life term. Does this defentdant have any legal rights under the law to address the fact that he could not testify which resulted in the jury not hearing half of the story which would have caused resonable doubt. Appeals have been exhausted to our knowledge in the state of Texas. Is there relief available for this defendant?
1 Answer from Attorneys
Re: Defendant's Right to Testify
The only avenue open at this time would be a writ of habeas corpus. For more information check out the section on appeals and habeas corpus at www.postconviction.com
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