Ineffective Assistance of Counsel Claims
When a defense lawyer fails to perform competently, the results can be devastating: wrongful convictions, longer sentences, or a guilty plea that never should have been entered. Under Article 11.07, you may be entitled to post-conviction relief if ineffective assistance affected your case.
When someone has been convicted of a crime in Texas, the appellate process is not always the end of the road. If a person is serving a felony sentence and has exhausted their direct appeals, one of the most powerful tools available to challenge the conviction is the Texas Code of Criminal Procedure Article 11.07 Writ of Habeas Corpus.
Among the many grounds raised in 11.07 writs, one of the most common - and often most successful - is ineffective assistance of counsel.
What Is Ineffective Assistance of Counsel?
The Sixth Amendment guarantees the right to effective representation. To secure relief, you must show:
- Deficient performance: Your attorney made errors no reasonable lawyer would make.
- Prejudice: Those errors impacted the outcome.
Read more about one of our successful Ineffective Assistance of Counsel writ cases.
Every person accused of a crime has a constitutional right to effective legal representation. When that right is violated, the integrity of the trial and the fairness of the conviction come into question.
Ineffective assistance of counsel (commonly called “IAC”) occurs when a defense attorney’s performance falls below accepted legal standards and, as a result, the defendant was prejudiced, which means the outcome of the case likely would have been different had the attorney performed properly.
In Texas, a claim of ineffective assistance focuses on two major components:
1. Deficient Performance - showing that the attorney’s actions were unreasonable, below professional standards, or reflected a failure to act when necessary.
2. Prejudice - showing that the attorney’s failures caused harm, such as a harsher sentence or a wrongful conviction.
How Ineffective Assistance Fits Into an 11.07 Writ
An 11.07 writ is not just a complaint about what went wrong at trial; it must provide specific facts, evidence, and legal argument showing that constitutional rights were violated. For ineffective assistance, this means demonstrating not only what the trial lawyer failed to do but also how those failures impacted the case.
Examples include:
- Failing to investigate key witnesses.
- Not presenting mitigating evidence.
- Failing to cross-examine State witnesses effectively.
- Not objecting to unlawful evidence.
- Not advising about plea consequences.
- Failing to research or raise critical legal issues.
- Read more about one of our successful Ineffective Assistance of Counsel writ cases.
Why These Claims Matter
IAC claims are vital because they go to the very heart of the justice system: the ability of the accused to have a fair trial. When raised properly, an ineffective assistance claim in an 11.07 writ can result in:
- Overturning a conviction,
- Granting a new trial,
- Reconsideration of a sentence,
- Or other post-conviction relief.
The Importance of Skilled Post-Conviction Counsel
The 11.07 process is technical and requires precise factual development, supporting exhibits, affidavits, and a deep understanding of Texas post-conviction law. Successfully proving ineffective assistance is far more than pointing to errors - it requires strategic arguments and compelling evidence. For individuals seeking justice after trial, an experienced post-conviction attorney can help uncover the truth, present credible arguments, and fight for a second chance.
Blizzard and Zimmerman post conviction lead attorney Jacob Blizzard is Texas Board of Legal Specialization dual certified in Criminal Law and Criminal Appeals. He has decades of experience with years of experience in complex habeas proceedings, and post conviction litigation.
Examples of IAC We See Regularly
- Failure to investigate or interview key witnesses
- Incorrect advice regarding plea deals and consequences
- Failure to file motions or challenge illegal evidence
- Failure to present exculpatory evidence
- No preparation for trial
- Not objecting to improper prosecution conduct
Why an 11.07 Writ Is Different Than an Appeal
Many ineffective assistance claims depend on information that is not in the trial record.
That’s why habeas relief is the correct procedural vehicle.
Do You Believe Your Trial Lawyer Failed You?
Our attorneys handle 11.07 writs throughout Texas, uncovering what wasn’t done at trial and presenting it to the court properly.
Contact Us Today for a Risk Free Case Review
We serve clients all across Texas including Dallas, Fort Worth, Houston, and San Antonio. We'd be honored to help pursue justice in your case.
Contact us today for a risk free case evaluation (325) 252-6064.