In Interest of GB, No. 08-0380 (Tex. Aug. 29, 2008)(per curiam)(termination, ineffective counsel)
IN THE INTEREST OF G.B., P.B., N.B., AND V.R., CHILDREN; from Washington County; 1st district
(01-07-00699-CV, ___ SW3d ___, 04-03-08)
Per Curiam Opinion
PER CURIAM OPINION
The petition for review is denied. In denying the petition, we neither approve nor disapprove the holding of
the court of appeals regarding whether Texas Family Code section 263.405(i) prohibits an appellate court
from considering an ineffective assistance of counsel claim that was raised for the first time on appeal.
OPINION DELIVERED: August 29, 2008
Bernia v. Department of Family and Protective Services (Tex.App. - Houston [1st Dist.] 2008)
Termination of Mother's Rights Affirmed
Bermia v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Keyes)
(termination of parental rights, ineffective counsel)
Because Bermea could not have prevailed on her legal and factual sufficiency arguments, we cannot say
that the result of the proceeding would have been any different if she had had effective counsel.
Therefore, Bermea did not suffer any harm from her counsel's deficient conduct.
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Taft, Keyes and Alcala
01-07-00699-CV Lisa Bermia v. Department of Family and Protective Services
Appeal from County Court at Law of Washington County
Trial Court Judge: Hon. Matthew Reue