Nicholas Garcia, Jr. v. Dr. George J. Beto

RONEY, Circuit Judge:

We reverse the district court’s issuance of a writ of habeas corpus based upon the petitioner’s being tried in prison coveralls because it appears from the record that he waived his right to be tried in civilian clothes rather than jail clothes. This court has stated that it is inherently unfair to try a defendant in prison garb, 1 but that each case must be considered in its own factual context to determine whether the conviction from such a trial must be set aside. 2

García was caught driving a new automobile which had been taken from the fenced-in yard of a Dallas Ford…