Where, as here, trial counsel is not given an opportunity to explain his actions, "the appellate court should not find deficient performance unless the challenged conduct was 'so outrageous that no competent attorney would have engaged in it.'" Menefield v. State, 363 S.W.3d 591, 593 (Tex. Crim. App. 2012) (quoting Goodspeed, 187 S.W.3d at 392); accord Williams v. State, 526 S.W.3d 581, 583 (Tex. App.—Houston [1st Dist.] 2017, pet. ref'd).
Notably, the trial record alone is rarely sufficient to show ineffective assistance. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.-Houston [1st Dist.] 2017, pet. ref'd).
The trial record alone is rarely sufficient to show ineffective assistance. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.-Houston [1st Dist.] 2017, pet. ref'd). Generally, a silent record that provides no explanation for trial counsel's actions will not overcome the strong presumption of reasonable assistance.
The trial record alone is rarely sufficient to demonstrate an ineffective assistance claim. Williams v. State , 526 S.W.3d 581, 583 (Tex. App.—Houston [1st Dist.] 2017, pet. ref'd) ; seeLopez , 343 S.W.3d at 143 ("On direct appeal, the record is usually inadequately developed and ‘cannot adequately reflect the failings of trial counsel’ for an appellate court ‘to fairly evaluate the merits of such a serious allegation.’ ")
The trial record alone is rarely sufficient to show ineffective assistance. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.—Houston [1st Dist.] 2017, pet. ref'd). Generally, a silent record that provides no explanation for trial counsel's actions will not overcome the strong presumption of reasonable assistance.
The trial record alone is rarely sufficient to show ineffective assistance. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.-Houston [1st Dist.] 2017, pet. ref'd).
Finally, to the extent Thurman argues that his counsel was ineffective in some way related to the State's failure to disclose the controlled transaction information, we cannot say that counsel was ineffective based on the trial record. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.-Houston [1st Dist] 2017, pet. ref d) (trial record is rarely sufficient to demonstrate ineffective assistance). Ordinarily, trial counsel should be afforded an opportunity to explain her actions "before being condemned as unprofessional and incompetent."
Although appellant filed a motion for new trial, he did not raise his ineffective-assistance- of-counsel complaint in his motion, and he did not obtain an affidavit from his trial counsel or afford his counsel an opportunity to explain his trial decisions or his strategy. A trial record alone is rarely sufficient to show ineffective assistance of counsel. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.-Houston [1st Dist.] 2017, pet. ref'd). And generally, a silent record that provides no explanation for trial counsel's actions will not overcome the strong presumption of reasonable assistance.
A trial record alone is rarely sufficient to show ineffective assistance of counsel. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.—Houston [1st Dist.] 2017, pet. ref'd). And generally, a silent record that provides no explanation for trial counsel's actions will not overcome the strong presumption of reasonable assistance.
The trial record alone is rarely sufficient to show ineffective assistance. Williams v. State, 526 S.W.3d 581, 583 (Tex. App.—Houston [1st Dist.] 2017, pet. ref'd). Generally, a silent record that provides no explanation for trial counsel's actions will not overcome the strong presumption of reasonable assistance.