Ruben James Edwards, Jr. A/K/A Ruben James Edwards v. State

280 S.W.3d 441, 2009 Tex. App. LEXIS 320
CourtCourt of Appeals of Texas
DecidedJanuary 15, 2009
Docket02-08-00025-CR
StatusPublished
Cited by32 cases

This text of 280 S.W.3d 441 (Ruben James Edwards, Jr. A/K/A Ruben James Edwards v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruben James Edwards, Jr. A/K/A Ruben James Edwards v. State, 280 S.W.3d 441, 2009 Tex. App. LEXIS 320 (Tex. Ct. App. 2009).

Opinions

OPINION

SUE WALKER, Justice.

I. Introduction

A jury found Appellant Ruben James Edwards, Jr. guilty of the felony offense of indecency with a child by exposure and assessed his punishment at seven years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. The trial court sentenced Edwards accordingly, and this appeal followed. In a single issue, Edwards claims that his trial counsel rendered ineffective assistance of counsel. Based on the standard of review we are required to apply, we will affirm.

[442]*442II. Factual and Procedural Background

About six weeks after Edwards was arrested for the offense, Dr. Barry Norman determined that Edwards was not competent to stand trial. Edwards was committed to North Texas State Hospital, and approximately four months later, on April 23, 2007, his attending physician determined that he was competent to stand trial.

On July 11, 2007, the trial court ordered Edwards to undergo a sanity evaluation. Dr. Kelly Goodness, a clinical and forensic psychologist, prepared a report that Edwards was sane at the time of the offense. On July 30, 2007, Edwards’s defense counsel filed with the trial court a written motion requesting that an expert be appointed to conduct a competency exam and specifically requested that Dr. Goodness be appointed to examine Edwards again, this time to determine whether he was competent to stand trial. The record does not reflect whether the trial court granted this motion. Subsequently, on August 21, 2007, defense counsel filed a notice of intent to raise an insanity defense. Defense counsel filed a notice of expert witnesses on October 11, 2007 and listed Dr. Phillip Davis and Dr. Barry Norman as expert witnesses.

Edwards’s trial began on January 14, 2008. Edwards’s defense counsel explained in her opening statement that

we anticipate that we will bring you experts, without a doubt, that will tell you that Mr. Edwards was insane October 25 of 2006.
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And we anticipate that our experts will unequivocally indicate to you that he was insane and we anticipate that our expert — that their expert, Dr. Goodness, did not have all the information she needed to make the decision that she made that he was sane.

At trial, Dr. Goodness testified for the State, and Dr. Norman testified for the defense.

In his sole issue on appeal, Edwards claims that defense counsel was ineffective because despite her representations to the jurors that they would hear unequivocal expert testimony that Edwards was insane at the time of the offense, she thereafter presented two expert witnesses who testified that “not only did they have no opinion on the issue, but that they had never even been asked to determine whether Mr. Edwards was insane at that time of the offense.” Defense counsel’s failure in this regard, claims Edwards, cannot be interpreted as reasonable trial strategy.

III. Standard of Review

To establish ineffective assistance of counsel, appellant must show by a preponderance of the evidence that his counsel’s representation fell below the standard of prevailing professional norms and that there is a reasonable probability that, but for counsel’s deficiency, the result of the trial would have been different. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984); Salinas v. State, 163 S.W.3d 734, 740 (Tex.Crim.App.2005); Mallett v. State, 65 S.W.3d 59, 62-63 (Tex.Crim.App.2001); Thompson v. State, 9 S.W.3d 808, 812 (Tex.Crim.App.1999).

In evaluating the effectiveness of counsel under the first prong, we look to the totality of the representation and the particular circumstances of each case. Thompson, 9 S.W.3d at 813. The issue is whether counsel’s assistance was reasonable under all the circumstances and prevailing professional norms at the time of the alleged error. See Strickland, 466 U.S. at 688-89, 104 S.Ct. at 2065. Review of counsel’s representation is highly defer[443]*443ential, and the reviewing court indulges a strong presumption that counsel’s conduct fell within a wide range of reasonable representation. Salinas, 163 S.W.3d at 740; Mallett, 65 S.W.3d at 63. A reviewing court will rarely be in a position on direct appeal to fairly evaluate the merits of an ineffective assistance claim. Thompson, 9 S.W.3d at 813-14. “In the majority of cases, the record on direct appeal is undeveloped and cannot adequately reflect the motives behind trial counsel’s actions.” Salinas, 163 S.W.3d at 740 (quoting Mallett, 65 S.W.3d at 63). To overcome the presumption of reasonable professional assistance, “any allegation of ineffectiveness must be firmly founded in the record, and the record must affirmatively demonstrate the alleged ineffectiveness.” Id. (quoting Thompson, 9 S.W.3d at 813). It is not appropriate for an appellate court to simply infer ineffective assistance based upon unclear portions of the record. Mata v. State, 226 S.W.3d 425, 432 (Tex.Crim.App.2007).

The second prong of Strickland requires a showing that counsel’s errors were so serious that they deprived the defendant of a fair trial, i.e., a trial whose result is reliable. Strickland, 466 U.S. at 687, 104 S.Ct. at 2064. In other words, appellant must show there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. Id. at 694, 104 S.Ct. at 2068. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. The ultimate focus of our inquiry must be on the fundamental fairness of the proceeding whose result is being challenged. Id. at 697, 104 S.Ct. at 2070.

IV. Record is Insufficient to Establish Ineffectiveness

The record before us contains no motion for new trial. Although a motion for new trial is not a prerequisite to a successful ineffective assistance of counsel claim, evidence presented at a motion for new trial hearing may offer insight into defense counsel’s motives behind her actions and may rebut the strong presumption of reasonable professional assistance. See Massingill v. State, 8 S.W.3d 733, 736 (Tex.App.-Austin 1999, pet. ref'd); see also Robinson v. State, 16 S.W.3d 808, 809-11 (Tex.Crim.App.2000) (holding failure to file motion for new trial does not procedurally prohibit appellate claim of ineffective assistance of counsel).

Here, Edwards accurately points out that despite defense counsel’s claim to the jury in her opening statement that she would present expert testimony that Edwards was insane at the time of the offense, counsel presented no such testimony. The record reflects, however, that Dr.

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Bluebook (online)
280 S.W.3d 441, 2009 Tex. App. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruben-james-edwards-jr-aka-ruben-james-edwards-v-state-texapp-2009.