SMITH, CHAMPAGNE v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0230-24 CHAMPAGNE SMITH, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY SCHENCK, P.J., filed a dissenting opinion in which YEARY and MCCLURE, JJ., joined. DISSENTING OPINION This case poses the question of whether the trial court’s policy requiring every person in the courtroom, including witnesses providing live testimony in the presence of jurors, to wear a mask violated Appellant’s rights under the U.S. Constitution’s Confrontation Clause. To be sure, the…