Ex parte Chavez (original by presiding judge keller)Annotate this Case
Applicant’s ankles were shackled at trial. He claimed two jurors saw him in the shackles during the punishment stage, and this denied him due process and a fair trial. He also contended his trial and appellate attorneys were ineffective for various related reasons. The Texas Court of Criminal Appeals concluded the trial court committed no error because the State proffered a legitimate, uncontested reason for shackling, the trial court ordered the placement of a barrier to block the jury from seeing the shackles, defense counsel expressed satisfaction with the trial court’s remedy, and a barrier was constructed that appeared to be effective. Furthermore, the Court concluded that given these circumstances, Applicant’s attorneys did not perform deficiently.