Bell, Vaughn Ray

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0087-12 VAUGHN RAY BELL, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

FANNIN COUNTY

Meyers, J., filed a dissenting opinion.

DISSENTING OPINION

I agree with the court of appeals that it was constitutional error for the trial judge to order Appellant to be shackled during his trial. I disagree that this error was harmless. Unlawful and uncalled for shackling has a substantial effect on the jury's view of the defendant. The fact that a defendant is shackled without cause gives the jury the perception that he is a much more dangerous criminal and may prevent him from receiving a fair trial. Because we cannot determine beyond a reasonable doubt that the error did not contribute to Appellant's conviction or punishment, I would hold that Appellant was harmed by the trial judge's error and would reverse the court of appeals. Therefore, I respectfully dissent.

Filed: September 18, 2013

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