No. 22-5070

Lane Walker Waldron v. Texas

Lower Court: Texas
Docketed: 2022-07-12
Status: Denied
Type: IFP
IFP
Tags: attorney-credibility constitutional-rights conviction-reversal habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias sixth-amendment trial-counsel
Latest Conference: 2022-09-28
Question Presented (from Petition)

WHETHER THE COURT BELOW ERRED IN CONCLUDING PETITIONER WAS NOT DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHEN HIS TRIAL COUNSEL IN A SWORN AFFIDAVIT ATTACHED TO HIS STATE WRIT ADMITTED THAT HE/SHE WAS INEFFECTIVE BY NOT PROPERLY REPRESENTING PETITIONER?

1. WHAT AMOUNT OF CREDIBILITY DOES A COURT OWE TO AN ATTORNEY WHO SELF-ADMITS THAT HE RENDERED INEFFECTIVE ASSISTANCE WHEN REPRESENTING HIS OR HER CLIENT AT TRIAL?

2. WHETHER IN A WRIT PROCEEDING A COURT SHOULD RESOLVE A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL IN FAVOR OF A PETITIONER WHEN THE ATTORNEY ADMITS UNDER OATH THAT HIS OR HER REPRESENTATION OF HIS CLIENT FELL BELOW AN OBJECTIVE STANDARD OF REASONABLE ASSISTANCE THAT WAS BOTH DEFICIENT AND PREJUDICIAL?

3. WHETHER A CONVICTION SHOULD BE SET-ASIDE WHEN A TRIAL JUDGE MAKES PREJUDICIAL REMARKS THAT SHOWS HIS BIAS AGAINST THE DEFENDANT THEN DURING THE HABEAS CORPUS PROCEEDINGS THE SAME JUDGE RECUSES HIMSELF AFTER THE HABEAS ATTORNEY FILES A MOTION TO RECUSE BASED ON THE SAME STATE MENTS HE MADE AT TRIAL?

4.

Question Presented (AI Summary)

Whether petitioner was denied Sixth Amendment right to effective assistance of counsel

Docket Entries

2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2022)

Attorneys

Lane Walker Waldron
Lane Walker Waldron — Petitioner