Kenneth Joseph Ward, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the Seventh Court of Appeals and remanded the case, holding that Kenneth Joseph Ward was denied effective assistance of counsel on appeal, violating his Fourteenth Amendment due process rights and the Texas Constitution. The Court found that trial‑appointed counsel remained Ward’s counsel on appeal because no formal withdrawal occurred, and the failure to designate a statement of facts constituted ineffective assistance. The opinion also notes a concurrence that agrees with the majority’s conclusion but adds separate commentary.