Legal Opinion

Brown, David Earl

Court of Criminal Appeals of Texas

Decided March 19, 2014No. PD-1723-12Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1723-12

DAVID EARL BROWN,

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

Price, J., filed a dissenting opinion.

DISSENTING OPINION

An accused has a constitutional right to be present in the courtroom at every stage of his trial. (1) Even an accused who is present in body may nonetheless be deprived of that basic right if he is of sufficiently unsound mind that he lacks the ability to participate meaningfully in his own defense or to rationally comprehend what is happening around him, and…

2Cases cited11 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Illinois v. AllenSupreme Court of the United States · 1970
  3. Pate v. RobinsonSupreme Court of the United States · 1966
  4. Snyder v. MassachusettsSupreme Court of the United States · 1934
  5. Drope v. MissouriSupreme Court of the United States · 1975

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