VAUGHN RAY BELL, Appellant v. THE STATE OF TEXAS (Dissenting)
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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 M EYERS, 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 Bell dissent Page 2 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 Publish
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