It has sent more innocent people to prison than any other state in the nation. According to Westlaw, 734 criminal cases in Texas appellate courts discussed claims of ineffective assistance of counsel.You need to tell the court that your public defender has not talked to you and ask the court to relieve the PD's office and appoint other counsel. If a defendant's lawyer does not meet the standard of effectiveness under Texas law, this is a ground for appeal and possible reversal of the jail sentence. You can make a motion for ineffective assistance of counsel during your trial if you feel that your lawyer is not performing their duties. Significantly, prior to filing any claim of ineffective assistance, writ counsel must engage in a thorough and complete investigation. 7 The Cannon court suggested that the trial court can admonish the defendant and ask if he is waiving his right to effective counsel. Ineffective assistance of counsel in cases of self representation. What keeps this from being a legal loophole? A couple of recent opinions from Houston's 14th Court of Appeals dealt with the issue on ineffective assistance of counsel.