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Next this morning in case 1110 18-9 Trevino versus Baylor Mr. wolf mr. Chief Justice may it please the court the Texas Court of Criminal Appeals has said repeatedly quote as a general rule a defendant should not raise an issue of ineffective assistance of counsel on direct appeal and has recognized that Texas procedure make it quote virtually impossible for appellate counsel to adequately present such a claim those claims are the choices made by the sovereign state of Texas, and it renders this case just like Martinez this case well illustrates the consequences of that choice the transcript in this case was not ready available for seven months that's four and a half months after the trial law trial court lost jurisdiction on any new trial motion the state itself argued quote in spouse without access to that record whew counsel would have little basis for attacking performance of trial counsel suppose the state's position were not as you accurately as stated the Texas Court of Criminal Appeal it didn't say collateral review is the preferred route it said either way we'll do you can bring it up on direct appeal, or you can bring it up on collateral would you say that much Martinez applies in that situation or does it depend on having the state's highest court in the matter saying this is the preferred way to go Texas systematically channels ineffective assistance claims too collateral to state areas and if it didn't if we just said you can bring it up on direct, but we realize these limitations because the transcript won't be ready, so you can wait and bring it up on areas I'm just asking how far the rule that you would like us to adopt you say this is just like Martinez is that where you would draw the line that the state highest court has to say we prefer this matter to be brought up on collateral review it's not just them saying it in words, but it's also saying it in the legislation and in the rules that text that the state of Texas has adopted in order to expand the record in a Wiggins claim which is what's the basis of Mr. covino's claim in order to expand that record you have a 30-day window to file a motion for new trial and 75 days 75 days to have that a hearing on it or else the court loses jurisdiction by operation of law the district court the trial court that's correct and so you couldn't expand the record and in order to present a Wiggins claim especially it takes a considerable amount of extra record investigation as the Texas of Texas appellate courts ever sent a claim back for an evidentiary hearing after 75 days the district court loses jurisdiction and I realized there are some jurisdictions around the country that have that opportunity, but Texas has a finality where there is no provision to expand the record after that 75 days period so as far as you know the court the appellate courts never done that that's correct okay why does it Texas afford people in your clients position a new appellate counsel well there are two kayaks...
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