Houston Chronicle Pub. Co. v. Crapitto
| Decision Date | 21 September 1995 |
| Docket Number | No. O,No. 14-95-00311-CV,O,14-95-00311-CV |
| Citation | 907 S.W.2d 99 |
| Parties | HOUSTON CHRONICLE PUBLISHING COMPANY; Kevin Moran; The Dallas Morning News, Inc.; Galveston Newspapers, Inc.; and Scott Parks, Relators, v. The Honorable Mary Nell CRAPITTO, Judge, County Court at Lawne Galveston County, Texas, Respondent. (14th Dist.) |
| Court | Texas Court of Appeals |
Joseph D. Jamail, Houston, Barry C. Willey, Texas City, for respondent.
Before AMIDEI, ANDERSON and EDELMAN, JJ.
In this original proceeding, Houston Chronicle Publishing ("the Chronicle"); Kevin Moran ("Moran"); The Dallas Morning News, Inc. ("the Dallas Morning News"); Galveston Newspapers, Inc. ("Galveston Newspapers"); and Scott Parks ("Parks"), relators, urge this court to find that respondent, the Honorable Mary Nell Crapitto, Judge of the County Court at Law No. One, abused her discretion by excluding the news media from the voir dire proceedings in trial court cause number 146705, styled State of Texas v. John Overstreet, and trial court cause number 146707, styled State of Texas v. Greg Trantham. We hold that respondent abused her discretion by excluding the press from the voir dire proceedings.
On March 20, 1995, the cases of State v. Overstreet and State v. Trantham were called for trial. These cases, which were tried together, involved allegations that the defendants, who were police officers, used a stray dog for target practice. The case attracted considerable media attention. On the day the case began, several members of the news media, including reporters for the Chronicle, the Dallas Morning News, Fox Television, KTRK T.V., and the now defunct Houston Post, were in the courtroom to attend voir dire. Before voir dire began, respondent called Moran, a reporter for the Chronicle, into her chambers and advised him that she intended to exclude the news media from the voir dire proceedings because she did not want the jury to be intimidated by their presence. Respondent indicated that the media would be allowed to attend the remainder of the trial. Moran orally objected to the exclusion, filed a written objection, and asked for a continuance so that a hearing could be conducted on the issue. His written objections and requests were delivered to the court coordinator who in turn gave them to respondent. Respondent denied Moran's requests.
After the jury panel was brought into the courtroom, respondent asked all members of the media to identify themselves. After the reporters identified themselves, respondent ordered them to leave. In explaining her decision, respondent stated that she believed the jury panel would be more candid during voir dire if the members of the press were not in the courtroom. Before leaving, Parks, a reporter for the Dallas Morning News, introduced himself and asked respondent to allow the record to reflect that he objected to the exclusion based on the First Amendment. Respondent agreed to allow the record to reflect his presence and objection. She then ordered him out of the courtroom.
In addition to ordering the press out of the courtroom, respondent also excluded one other member of the public. This man, identified only as an "interested party" was asked to leave based on respondent's "concern" for the jurors. The only other members of the public allowed to remain were members of the defendants' family.
After the exclusion of the media and the one "interested" member of the public, relators filed a motion for leave to file petition for writ of mandamus with this court. Before this court was able to issue any rulings on the motion, the voir dire proceedings ended. Thus, respondent claimed that we should not grant leave to file because the issue was moot. In spite of respondent's contention, we granted the motion for leave to file petition for writ of mandamus, and set the case for oral argument.
We will deal with the mootness issue first because this argument was raised by respondent before we granted leave to file, and respondent still contends that this case is not proper for mandamus review because it is moot. The mootness doctrine limits courts to deciding cases in which an actual controversy exists. FDIC v. Nueces County, 886 S.W.2d 766, 767 (Tex.1994). Although we agree that the immediate controversy became moot once the voir dire proceedings ended, we address the merits of the claim raised by relators because it falls within the category of cases which are an exception to the mootness doctrine: those capable of repetition yet evading review. 1 See, e.g., Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). This exception applies where the challenged act is of such short duration that the party seeking review cannot obtain it before the issue becomes moot. Click v. Tyra, 867 S.W.2d 406, 408 (Tex.App.--Houston [14th Dist.] 1993, orig. proceeding). In addition, there must be a reasonable expectation that the same complaining party would be subjected to the same action again. Id.
First, voir dire proceedings often take place very quickly, as they did in this case. So quickly in fact, that it would often be impossible to file a motion for leave to file petition for writ of mandamus and get a ruling before the voir dire proceedings were complete. See Globe Newspaper Co. v. Superior Court of Mass., Norfolk, County, 457 U.S. 596, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982) (). Second, given the respondent's declaration that she was entitled to exclude the media from voir dire, we find this matter is capable of repetition. Thus, we conclude that this matter meets the requirements of the "capable of repetition yet evading review" exception to the mootness doctrine, and turn to the merits.
Mandamus is an extraordinary remedy available only in limited circumstances. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992). In a mandamus proceeding, the court must determine whether: (1) the relator has an adequate remedy by appeal; and (2) the trial court abused its discretion in entering the order of which relator complains. Plaza Court, Ltd. v. West, 879 S.W.2d 271, 275 (Tex.App.--Houston [14th Dist.] 1994, orig. proceeding). The relator bears the burden of showing an abuse of discretion as well as the inadequacy of any remedy by appeal. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex.1994).
A trial court abuses its discretion if it reaches a decision "so arbitrary and unreasonable as to amount to a clear and prejudicial error of law." Walker, 827 S.W.2d at 839 (quoting Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex.1985)). In other words, a trial court abuses its discretion if it acts without reference to any guiding principles of law. Plaza Court, 879 S.W.2d at 275 (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985)). While a determination of factual matters is left to the sound discretion of the trial court, an appellate court's review of a trial court's legal analysis or its application of the law to the facts is much less deferential. Walker, 827 S.W.2d at 840. A trial court's failure to analyze the law properly or to apply it properly to the facts is an abuse of discretion. Id.
The general rule is that a remedy by appeal is available only to parties of record. Continental Casualty Co. v. Huizar, 740 S.W.2d 429, 430 (Tex.1987); Central Mut. Ins. Co. v. Dunker, 799 S.W.2d 334, 336 (Tex.App.--Houston [14th Dist.] 1990, writ denied) (citing Gunn v. Cavanaugh, 391 S.W.2d 723, 724 (Tex.1965)); Mercure Co., N.V. v. Rowland, 715 S.W.2d 677, 680 (Tex.App.--Houston [1st Dist.] 1986, writ ref'd n.r.e.). Obviously, in this case, relators were not parties to the state's prosecution of Overstreet and Trantham, and therefore, cannot bring an appeal to challenge respondent's decision to exclude the media from voir dire. 2 Therefore, relators have no adequate remedy by appeal, and mandamus is the proper procedure to bring this complaint before the appellate court. See also Houston Chronicle Publishing Co. v. Dean, 792 S.W.2d 273, 274 (Tex.App.--Houston [1st Dist.] 1990, orig. proceeding).
We must now determine whether respondent abused her discretion by excluding the media from the voir dire proceedings. Relators complain that respondent's actions are unconstitutional in that they abridge the right of access guaranteed to relators by: (1) the First Amendment of the United States Constitution; (2) article I, sections 8 and 10 of the Texas Constitution; (3) article I, section 13 of the Texas Constitution; and (4) article 1.24 of the Texas Code of Criminal Procedure.
The United States Supreme Court has addressed the issue of the public's and the media's right to attend criminal trials in numerous cases. E.g., Press-Enterprise Co. v. Superior Court of Cal., Riverside County, 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986) (preliminary hearings); Press-Enterprise Co. v. Superior Court of Cal., Riverside County, 464 U.S. 501, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984) (voir dire) [hereinafter Press-Enterprise I ]; Globe Newspaper Co. v. Superior Court of Mass., Norfolk County, 457 U.S. 596, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982) (); Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980) (murder trial). In Richmond Newspapers, the Court firmly established for the first time that the press and general public have a constitutional right of access to criminal trials. Globe Newspaper, 457 U.S. at 603, 102 S.Ct. at 2618.
In Richmond Newspapers, the Court conducted an extensive historical review...
To continue reading
Request your trial
- In re Fort Worth Star-Telegram
- In re R.R.
-
Houston Chronicle Pub. Co. v. Woods, 09-97-172
... ... Generally only parties are allowed to appeal. 9 See Houston Chronicle Publ'g Co. v. Crapitto, 907 S.W.2d 99 (Tex.App.--Houston [14th Dist.] 1995, orig. proceeding)(newspaper had no right to appeal closing of voir dire, thus mandamus appropriate). As previously noted, the State argues this is a civil matter and thus Rule 76a applies 10 and specifically, on this issue, Rule 76a(8). They ... ...
- In re R.R.