Ford, David Eugene
PD-0492-15
Tex. App.Jun 12, 2015Background
- David Eugene Ford was convicted by a jury in Smith County, Texas of aggravated robbery with a deadly weapon and sentenced to 30 years (trial Sept. 2013). Appeal filed; Twelfth Court of Appeals opinion issued Feb. 27, 2015, affirming the conviction.
- Appellate counsel filed an Anders/Gainous brief stating no arguable grounds for reversal and moved to withdraw; the court conducted an independent review and found no reversible error.
- Ford (pro se/ec.) raised four principal grounds in filings and a petition for review: (1) ineffective assistance of trial counsel for alleged failure to investigate, call witnesses, introduce exculpatory recordings/documents, and move to suppress; (2) Batson/voir dire errors — race-based exclusion of Black venire members; (3) insufficiency of the evidence — claim that key testimony (Tevin Dorsey) was false and that victim descriptions pointed to another suspect; and (4) denial of access to courts — lack of adequate law-library access while incarcerated impaired his ability to prepare a pro se brief.
- Supporting factual contentions included: existence of an audio/video recording and media statement by victim Karla Cortes describing a "heavy set" perpetrator and a passenger driver that allegedly matched Dorsey, not Ford; alleged gaps in forensic linkage (no fingerprints/DNA to Ford); and witness testimony about relative sizes of the two men.
- The Court of Appeals summarized the Anders process, reviewed the record independently, and affirmed the trial court judgment; it granted counsel leave to withdraw and advised Ford of his PDR rights.
Issues
| Issue | Plaintiff's Argument (Ford) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Trial counsel failed to investigate recordings, interview witnesses, introduce exculpatory evidence, or move to suppress, causing prejudice | Counsel provided constitutionally adequate representation; no reversible error shown | Court rejected reversible-error claim after independent review; conviction affirmed |
| Voir dire / Batson challenge | Prosecutor struck Black venire members in a race-based manner, creating a prima facie Batson violation | Record did not demonstrate reversible Batson error warranting reversal | Court found no reversible error on appeal; claim not sustained |
| Sufficiency of evidence / false testimony | Conviction rested on false/perjured testimony (Tevin Dorsey); victim descriptions pointed to Dorsey as the heavier perpetrator, not Ford, so evidence insufficient | The jury verdict was supported by the record; any credibility disputes are for the jury | Court held no reversible insufficiency error on independent review; conviction affirmed |
| Denial of access to courts | Jail denied adequate law library access, causing actual injury by preventing filing of pro se brief and impairing appellate presentation | State/court process afforded opportunity (counsel filed Anders brief); appellate review conducted | Court nonetheless conducted independent review and affirmed; access claim did not lead to reversal |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Batson v. Kentucky, 476 U.S. 79 (prohibition on race-based peremptory strikes)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Anders v. California, 386 U.S. 738 (counsel may move to withdraw if no non-frivolous issues exist on appeal)
- In re Schulman, 252 S.W.3d 403 (Texas standard/duty when counsel seeks to withdraw on appeal)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. independent appellate review under Anders)