Under what circumstances can a person appeal a conviction in Texas based on ineffective assistance of counsel?

A person can appeal a conviction in Texas based on ineffective assistance of counsel when it can be shown that the legal representation fell below an objective standard of reasonableness and that this deficiency affected the outcome of the trial. This principle comes from the legal standards set in Strickland v. Washington, which established a two-pronged test for claims of ineffective assistance.

The first prong requires demonstrating that the attorney's performance was deficient; it must show that the representation fell below a standard of reasonableness prevailing in criminal cases. This involves an evaluation of the strategic choices made by the attorney during the trial and whether those choices were reasonable under specific circumstances.

The second prong examines whether this deficient performance prejudiced the defendant, meaning that there is a reasonable probability that, but for the unprofessional errors of the attorney, the outcome of the proceeding would have been different. If the representation was ineffectual and directly impacted the result, this creates a basis for appeal.

Other options do not accurately reflect the legal grounds for an appeal based on ineffective assistance of counsel. Simply having representation by a public defender does not inherently allow for an appeal; the focus is on the efficacy of the defense. While major errors during the trial may also lead to grounds for