Ephraim v. State
| Decision Date | 07 July 1971 |
| Docket Number | No. 43991,43991 |
| Citation | 471 S.W.2d 798 |
| Parties | Lyord EPHRAIM, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Paul W. Anderson, Marshall, for appellant.
Jim D. Vollers, State's Atty., Austin, for the State.
The offense is robbery; the punishment fifteen (15) years.
We are met at the outset with the following motion:
'MR. ANDERSON: Comes now the defendant and moves the court to continue this case for the reason that the defendant, who is incarcerated in the Harrison County Jail, was brought into the courtroom in front of the entire jury panel in his full clothing with the inscription on the reverse side of the coveralls in plain view, 'No. 46' at the top--
The record reflects a picture of a man taken from his back with the words 'Harrison County Jail 71' in block letters. The page on which such picture appears is entitled
In contesting the motion, the State took the position that no harm could result because another prisoner had been tried in jail clothing the week before and the jury had failed to reach a verdict in such trial.
Appellant relies on Hernandez v. Beto, 443 F.2d 634 (), and we agree that that case is applicable to the case at bar. Hernandez made no objection, yet the Fifth Circuit held:
'We conclude that trying Hernandez in his prison clothing infringed a fundamental right--the presumption of innocence.'
The judgment is reversed and the cause is remanded.
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Williams v. Beto
...the cause of reversed convictions at the state level. See, e. g., Ex Parte Slaton, 484 S.W.2d 102 (Tex.Cr.App.1972); Ephraim v. State, 471 S.W.2d 798 (Tex.Cr.App. 1971). However, several courts appear to have avoided the issue of prejudice by holding that reference in a trial transcript to ......
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Randle v. State, 09-90-066
...48 L.Ed.2d 126, reh'g den'd, 426 U.S. 954, 96 S.Ct. 3182, 49 L.Ed.2d 1194 (1976) our Court of Criminal Appeals in Ephraim v. State, 471 S.W.2d 798 (Tex.Crim.App.1971) applied Hernandez v. Beto, 443 F.2d 634 (5th Cir.), cert. denied, 404 U.S. 897, 92 S.Ct. 201, 30 L.Ed.2d 174 (1971) wherein ......
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Kennedy v. State, No. 2-02-376-CR (TX 2/3/2005)
...754 F.2d 1190, 1193 (5th Cir. 1985). 19. See Estelle v. Williams, 425 U.S. 501, 503, 96 S. Ct. 1691, 1692 (1976); Ephraim v. State, 471 S.W.2d 798, 798 (Tex. Crim. App. 1971). 20. See Marquez v. State, 725 S.W.2d 217, 227-28 (Tex. Crim. App.), cert. denied, 484 U.S. 872 (1987). 21. Id. at 2......
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Sims v. State, s. 05-89-00597-C
...See Hernandez v. Beto, 443 F.2d 634 (5th Cir.), cert. denied, 404 U.S. 897, 92 S.Ct. 201, 30 L.Ed.2d 174 (1971); Ephraim v. State, 471 S.W.2d 798 (Tex.Crim.App.1971). Even if Hernandez applied to defendants tried before the court, it does not allow a defendant to remain silent, go to trial,......