Darius Cornelius Ford v. State of Mississippi
230 So. 3d 316
| Miss. Ct. App. | 2017Background
- In Feb. 2012 a Scott County jury convicted Darius Ford of aggravated assault and possession of a firearm by a convicted felon; he was sentenced as a habitual offender to concurrent terms (20 and 10 years) with no parole/probation. The convictions were affirmed on direct appeal.
- Ford sought post-conviction relief (PCR) limited by the Mississippi Supreme Court to one issue: whether trial counsel was ineffective for failing to request an alibi jury instruction based on testimony from Ford’s girlfriend, Jessica Adams.
- Adams had told officers and testified that Ford arrived at her mobile home early morning, left for the store, returned, and that they slept until about 2:40 p.m.; the shooting occurred around 1:00 p.m. near Adams’s home.
- At trial police found a .40-caliber pistol and a dark sweatshirt in the mobile home; Adams testified she owned the gun and that some male clothing in the closet did not belong to Ford. Ford denied owning the gun, denied knowing the victim, and admitted he was a convicted felon.
- Ford’s PCR presentation relied on Adams’s statement/testimony asserting he was at her home (as an alibi) and an affidavit from trial counsel saying no alibi was discussed so no alibi instruction was requested. The PCR court denied relief, concluding the jury rejected the alibi testimony and an alibi instruction would not have changed the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not requesting an alibi jury instruction | Ford: Adams’s testimony placed him at her home at the time of the shooting, supporting an alibi instruction | State: Adams’s testimony did not establish an alibi because she was asleep and the home was near the crime scene; counsel’s decision was trial strategy | Court: No ineffective assistance — alibi instruction not supported by evidence and no prejudice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-part ineffective assistance standard)
- Owens v. State, 809 So. 2d 744 (alibi requires being so removed as to make commission impossible)
- Sims v. State, 213 So. 3d 90 (clarifies alibi-law principles and evidentiary basis requirement)
- Bennett v. State, 18 So. 3d 272 (alibi witness asleep during crime does not establish alibi)
- Wilkins v. State, 57 So. 3d 19 (presumption that counsel’s performance is reasonable; need reasonable probability of different result)