Tony Egbuna Ford, housed on death row, Polunsky Unit, Livingston, Texas

Tony Egbuna Ford

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Writ of Habeas Corpus Index

III. PROCEDURAL HISTORY

Petitioner Tony Ford was arrested December 19, 1991, the day after the offense occurred. In a four-count indictment thereafter, Mr. Ford was charged with one count of capital murder committed during the course of robbery and three counts of attempted capital murder committed during the course of robbery, all alleged to have been committed on or about December 18, 1991 in El Paso County. Jury selection began June 7, 1993. A jury was sworn and testimony began July 7, 1993. Mr. Ford entered a plea of not guilty, despite the state's offer of a plea of guilty and a life sentence, see, SF Vol. IX. pp. 3-6, and the jury returned a verdict of guilty on July 9, 1993. [SF Vol. IX p. 407].^¹ The punishment hearing commenced immediately and the jury returned answers of "yes" to Special Issues One and Two, and "no" to Special Issue Three. The Trial Court sentenced Mr. Ford to death.

Mr. Ford's conviction and sentence were affirmed by the Court of Criminal Appeals in Ford v. State, 919 S.W.2d 107 (Tex.Cr.App. 1996). No Petition for Writ of Certiorari was filed. Thereafter, on March 13, 1997, Mr. Ford moved for appointment of state habeas counsel pursuant to the Texas Code of Criminal Procedure Art. 11.071, Sec.2. A skeletal state habeas application was filed May 1, 1997, and was thereafter amended. The Court of Criminal Appeals adopted the trial court's recommended findings of fact and conclusions of law denying state habeas relief on September 12, 2001.²

1References to the trial proceedings, the "Statement of Facts," are "SF" followed by the Volume and page number.

2Because Mr. Ford was indigent and was without state habeas counsel until March 13, 1997, the Attorney General's office has agreed that the federal statute of limitations did not start running until this date. The statute was tolled between May 1, 1997, and September 12, 2001, pending state habeas proceedings. Accordingly, the Attorney General and counsel for Mr. Ford agreed that the original federal petition was timely if filed on or before July 25, 2002.

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