Moore v. State, 51220
| Decision Date | 14 April 1976 |
| Docket Number | No. 51220,51220 |
| Parties | O. D. MOORE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Macon D. Strother, San Augustine, for appellant.
Bill A. Martin, Dist. Atty., Newton, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction for murder with malice under our former Penal Code. A jury assessed punishment at confinement for life.
Appellant contends the trial court erred in requiring him to wear handcuffs in the presence of his jury.
The record reflects that on two occasions, in full view of the jury panel, the sheriff escorted appellant in handcuffs into the courtroom and removed the handcuffs after appellant was seated. Objections were made outside the hearing of the jury on each occasion and a motion to dismiss the panel and draw another panel was made and overruled. Three other times during the trial appellant was brought into the courtroom in handcuffs and seen by jurors.
After the first objection the trial judge stated that he would consult the sheriff as to the necessity of the handcuffs. At the hearing on appellant's motion for new trial, the sheriff attempted to explain the use of handcuffs. 1
As justification for the action complained of, the sheriff testified that it was necessary to take appellant 'out of (my) jail, across the courthouse campus, up inside the courthouse, upstairs, and into an empty room, which is the district clerk's office, and then into the courtroom.' Because large crowds were gathered, it was felt that for the protection of all appellant should be handcuffed during the trips between the jail and the courthouse.
No justification at all was necessary for handcuffing the appellant during trips between the jail and the courthouse, for the record does not reflect that any juror would have had occasion to see him during such trips. This is not true of such display before jurors. The harm that a defendant suffers when the jury sees him in handcuffs is that his constitutional presumption of innocence is thereby infringed. Thompson v. State, Tex.Cr.App.514 S.W.2d 275; Walthall v. State, Tex.Cr.App., 505 S.W.2d 898; Hernandez v. Beto, 443 F.2d 634 (5th Cir. 1971); see also American Bar Association Standards Relating to Trial by Jury, Sec. 4.1 (Approved Draft, 1968). In Gray v. State, 99 Tex.Cr.R. 305, 268 S.W. 941, this Court stated:
The 'rare exceptions' referred to in Gray are:
'. . . if, in the sound discretion of the court, it appears necessary to retain his shackles to prevent the escape or self-destruction of the prisoner, or to prevent him from injuring bystanders or officers of the court, or if necessary to maintain a quiet and peaceable trial, the court may try...
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