Legal Question in Criminal Law in Texas

Is a person convicted of indecency with a child w contact in Tx, eligible to appeal his case? His lawyer(court appointed) told him he was being charged with aggravated sexual assault of a child, but his record shows felony 2 - indecency with..? His lawyer didn't show up for court several times. The court spent 2 days one time trying to find him. The client talked to the lawyer one time for 30 minutes and never talked to him again for 2 years except in court. Although we tried many times to contact the lawyer, he would very rarely return phone calls. When the lawyer showed up for the trial (judge), it was obvious to anyone that he had to case prepared. He asked very few questions of the accuser and wanted the client to plead out. When the client said no because he had done nothing to this girl, the lawyer pulled out 2 yellow legal pads and said "OK, take notes". Would any of this be reason for an appeal?


Asked on 1/20/12, 11:34 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If the person went to trial, then the person is entitled to appeal. If the person is indigent, then the person is entitled to a court appointed attorney. It sounds like the person may well have an ineffective assistanc of counsel issue.

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Answered on 1/20/12, 4:52 pm


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