In Smith v State of Texas, Champagne Smith was tried for a second-degree felony charge of aggravated assault and was tried in April, 2023. He won his appeal and it was reviewed by the Texas court of Criminal Appeals.
This summary is from Justia:
I'm surprised that a court would still require masks in 2023 long fter covid had run out.
This summary is from Justia:
Quote:
The defendant was indicted for aggravated assault, a second-degree felony, and tried in Harris County district court in January 2023. During the trial, the court required all participants, including witnesses, to wear surgical masks at all times, except when necessary for in-court identifications. The defendant's counsel objected to the mask mandate on Sixth Amendment grounds, arguing that masking hindered the jury's ability to assess witness credibility by observing facial expressions. The objection was overruled, and the two key witnesses to the assault testified while masked. The defendant was subsequently convicted.
On appeal, the Fourteenth Court of Appeals reversed and remanded the conviction, finding that the mask mandate violated the defendant's constitutional right to confrontation. The appellate court emphasized that concealing facial features impairs the fact-finder's ability to evaluate witness demeanor, citing Romero v. State and other precedents. When considering whether this constitutional error was harmless, the court relied on a procedural rule that places the burden on the State to show harmlessness beyond a reasonable doubt. Because the State did not substantively address the issue of harm in its brief, the court presumed harm and reversed the judgment.
The Court of Criminal Appeals of Texas reviewed the case. It agreed that the trial court's mandatory masking policy violated the defendant's Sixth Amendment right to confrontation, as it did not make any case-specific findings of necessity or individualized determinations for masking. However, the Court held that the appellate court erred by applying a rule of default and presuming harm solely because the State did not brief the issue. The Court clarified that appellate courts have an independent duty to assess harmlessness under Chapman v. California and Rule 44.2(a), regardless of the State's briefing. The judgment was reversed and remanded to the Fourteenth Court of Appeals to determine whether the error was harmless beyond a reasonable doubt.
I'm surprised that a court would still require masks in 2023 long fter covid had run out.
