Eason v. State
| Decision Date | 12 April 1978 |
| Docket Number | No. 57989,No. 3,57989,3 |
| Citation | 563 S.W.2d 945 |
| Parties | Freddie Lee EASON, Appellant, v. The STATE of Texas, Appellee |
| Court | Texas Court of Criminal Appeals |
Before ROBERTS, PHILLIPS and VOLLERS, JJ.
Appellant was convicted by a jury of the misdemeanor of driving while intoxicated. The court assessed punishment at 90 days in jail and a $500.00 fine, probated for 12 months.
The record is before us without a transcription of the court reporter's notes or bills of exception. Although it appears that appellant is represented by retained counsel, no brief was filed in the trial court in appellant's behalf pursuant to Art. 40.09(9), Vernon's Ann.C.C.P., and none has been filed here. There is no claim of indigency. Nevertheless, we find in the record unassigned error which should be reviewed in the interest of justice under Art. 40.09(13), Vernon's Ann.C.C.P.
The docket sheet reflects that this case was set for jury trial at 9:00 a. m. on February 14, 1977. On that date the State appeared and announced ready. The appellant also appeared, but appellant's attorney was absent. The trial judge then recessed the jury panel until 2 o'clock that afternoon. When the court reconvened that afternoon, appellant's counsel was still absent, and the trial judge again recessed the jury panel until 9 o'clock the next morning. At the appointed hour on February 15, 1977, appellant's attorney again failed to appear. The trial judge attempted to reach counsel by telephone, but received no answer. At 9:40 a. m. the judge instructed the jury panel regarding reasonable doubt, the burden of proof, that the information was no evidence of guilt, the presumption of innocence, and the right of the appellant to remain silent. Thereafter, appellant advised the court that he could not proceed without his attorney present. Nevertheless, the court ordered the voir dire examination of the jury panel to proceed. State's counsel then voir dired the jury; however, the appellant did not do so. After both sides made their peremptory challenges, the jury was empaneled and sworn. The court then recessed the jury until 12:30 that afternoon in order to allow more time for appellant's counsel to be present. At 12:45 p. m. appellant's counsel finally arrived and moved to dismiss the jury. The motion was denied. The trial then proceeded in the presence of appellant's counsel, appellant was convicted, and this appeal followed.
We find it necessary to observe that the conduct of appellant's counsel in the trial court was, to say the least, remiss and not to be condoned. In fact, in another case against this appellant (our Cause No. 57,990), which was tried one month later, appellant's attorney's tardiness caused the judge to find him in contempt and fine him $100.00. Despite counsel's behavior, however, we hold that, in the present case, the trial judge fell into error when he ordered the voir dire examination of the jury panel to proceed and allowed it to be conducted over appellant's objection.
Both Art. 1, Sec. 10, of the Texas Constitution and Art. 1.05, Vernon's Ann.C.C.P., provide that an accused person shall have the right of being heard by himself or counsel or both. This right, which is guaranteed by the Constitution and statutory law, carries with it the right to have counsel interrogate the members of the jury panel "to the end that he may...
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Calamaco v. State
...have counsel during voir dire. Voir dire is a critical stage of a criminal prosecution at which the right to counsel attaches. Eason v. State, 563 S.W.2d 945, 947 (Tex.Crim.App. [Panel Op.] 1978). An accused may waive his right to counsel; however, the waiver must be made voluntarily, knowi......
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Goodspeed v. State
...for cause or peremptorily, or whether he or she should be accepted by the examining party for service on the jury. Eason v. State, 563 S.W.2d 945, 946-47 (Tex.Crim.App.1978); 3 Charles E. Torcia, Wharton's Criminal Procedure § 419 (13th ed.1991). The questioning party may ask a potential ju......
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Pieringer v. State
... ... Goodspeed v. State, 120 S.W.3d 408, 411 (Tex.App.-Texarkana 2003, pet. granted) (citing Eason v. State, ... 139 S.W.3d 719 ... 563 S.W.2d 945, 946-47 (Tex.Crim.App. [Panel Op.] 1978)). A thorough review of the voir dire record indicates that Appellant's counsel asked several questions that could have been motivated by trial counsel's desire to elicit information that would be helpful in ... ...
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Saunders v. State
...v. Allen, 397 U.S. 337, 90 S.Ct. 1057, 25 L.Ed.2d 353 (1970). Saunders claims error under the doctrine set forth in Eason v. State, 563 S.W.2d 945, 947 (Tex.Cr.App.1972). In the case before us, Saunders was representing himself, and hence his removal from the courtroom during a portion of t......