Bradley v. State
359 S.W.3d 912
| Tex. App. | 2012Background
- Bradley and his brother Delleon robbed complainant at gunpoint, taking items, Bradley searching pockets and car, and finding a handgun in the car; Bradley threatened to shoot the complainant with the gun and ordered him to drive, then the robbers fled on foot.
- Bradley’s defense was mistaken identity; Delleon testified Bradley wasn’t with him and John Watson was with Delleon during the robbery; Bradley and Delleon testified that Watson was the accomplice.
- State closing argument stressed the witnesses’ varying credibility and asked the jury to evaluate the complainant’s credibility as to what happened.
- Bradley challenged the sufficiency of the evidence for aggravated robbery and raised claims of ineffective assistance of counsel at trial.
- Bradley was convicted of aggravated robbery after a jury trial, with a true finding on an enhancement, and was sentenced to 45 years’ confinement; Bradley appeals those rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the evidence for aggravated robbery | Bradley | State argues sufficient evidence supports guilty beyond a reasonable doubt | Evidence sufficient |
| Ineffective assistance of counsel on voir dire and closing | Bradley | Counsel's actions were reasonable; no prejudice shown | No reversible error; counsel not ineffective |
| Independent basis for in-court identification despite photo arrays | Bradley | Reliability supported by independent observations | Independent basis established; identification admissible |
| Effect of eyewitness identification on credibility determinations | Bradley | Jury could resolve credibility; no error in argument about liars | Trial credible evidence supports verdict |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (legal-sufficiency standard for evidence review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (reviewing sufficiency of evidence with deference to jury)
- Mosley v. State, 983 S.W.2d 249 (Tex. Crim. App. 1998) (eyewitness testimony can sustain a conviction without physical evidence)
- Aguilar v. State, 468 S.W.2d 75 (Tex. Crim. App. 1971) (single eyewitness can support conviction)