Cagle v. State

I would reverse and remand this case for a new trial because the trial court erred in overruling Mr. Cagle’s objection relating to the presence of spectators at the trial who were wearing buttons with the victim’s picture on them. The trial judge refused to take any action whatsoever, and accordingly, I do not agree with the majority that Cagle should be required to demonstrate prejudice under these circumstances.

In the course of the two-day trial, the victim’s family members showed up wearing buttons with the victim’s picture on them. On the first day, Cagle requested that the judge order…