Fourth Court of Appeals
San Antonio, Texas
OPINION
No. 04-21-00295-CR
Brian Dale NIXON,
Appellant
v.
The STATE of Texas,
Appellee
From the 454th Judicial District Court, Medina County, Texas
Trial Court No. 16-04-11937-CR
Honorable Sid L. Harle, Judge Presiding
Opinion by: Irene Rios, Justice
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: July 31, 2023
REVERSED AND REMANDED
Appellant Brian Dale Nixon appeals his conviction for capital murder. In his first three
issues, Nixon argues conducting his trial in an annex courtroom within the Medina County Jail
building violated: (1) the presumption of innocence afforded to an accused; (2) his constitutional
right to an impartial jury and due process right to a fair trial; and (3) section 24.012(e) of the Texas
04-21-00295-CR
Government Code. 1 In his fourth issue, Nixon argues the venire panel did not fairly represent the
demographics of Medina County because it was comprised of an underrepresentation of African
Americans. We reverse the judgment of conviction and remand the cause for a new trial consistent
with this opinion.
BACKGROUND
Nixon’s trial was held in an annex courtroom that is in the same building as the Medina
County Jail (“the jail”). Prior to the trial, Nixon filed a motion to change the venue to the Medina
County Courthouse and strenuously objected to holding trial in the courtroom housed in the jail
(“the jail courtroom”). In his motion, Nixon argued that holding jury selection or a jury trial in the
jail courtroom presents a fundamental challenge to the fairness of jury selection and subsequent
trial proceedings. Specifically, Nixon contended a trial in the jail courtroom would undermine his
presumption of innocence, violate due process, and impugn his right to a fair trial and an impartial
jury.
On January 31, 2020, the trial court held a pretrial non-evidentiary hearing to address
several pending motions including Nixon’s motion to change the venue to the Medina County
Courthouse. In this initial hearing, the State argued voir dire and the jury trial should be held in
the jail courtroom because it “has a much larger, more comfortable, and consistently climate[-
]controlled jury room.” The State continued, “the comfort level, the ability to hear, and the
consistency that we have in [the jail courtroom]” as well as “more modern [technology in the]
courtroom” and “the parking and interaction with the general public is more conducive to this kind
1
Section 24.012(e) of the Texas Government Code provides: A district judge may hear a nonjury matter relating to a
civil or criminal case at a correctional facility in the county in which the case is filed or prosecuted if a party to the
case or the criminal defendant is confined in the correctional facility.
TEX. GOV’T CODE ANN. § 24.012(e).
-2-
04-21-00295-CR
of trial.” According to the State, it would be difficult for law enforcement to protect the public
and ensure the jury does not see Nixon in shackles or prison clothes should the trial take place at
the Medina County Courthouse because there is insufficient space in the courthouse.
Nixon responded that having a trial in the jail courtroom will imply to the jury that he is
too dangerous to transport safely to the Medina County Courthouse. Nixon further argued that the
implication of trying him in the jail courtroom would be equivalent to the impermissible
implications drawn by a jury if he were tried in prison clothes and visible shackles. Nixon
acknowledged “it’s going to be more difficult to have [the trial] at the courthouse” but argued “the
State has decided to try [him] for his life” and his fundamental rights to a fair trial, a fair and
impartial jury, and the presumption of innocence should not be abridged by the implication that he
is too dangerous to transport to the courthouse or that he deserves to be isolated in the jail facility
before he is convicted of the crime for which he is charged.
After hearing arguments from Nixon and the State, the trial court—presided by a visiting
judge—held the motion in abeyance stating it had “some concern about this” and needed more
time to research the issues with the county courthouse and review caselaw on the matter.
On November 5, 2020, the trial court held an evidentiary hearing on Nixon’s motion to
transfer venue to the Medina County Courthouse. At this hearing, Nixon proffered nineteen photos
depicting what jurors would see when they reported for jury duty at the jail courtroom, which were
admitted into evidence without objection. 2
At this evidentiary hearing, Nixon argued that holding the trial at the jail eroded the
presumption of innocence thereby violating his right to an impartial jury and due process right to
a fair trial. The gravamen of Nixon’s argument before the trial court was as follows:
2
We have attached a representative sampling of these photographs as an appendix to this opinion.
-3-
04-21-00295-CR
[H]aving a trial in a jail is prejudicial . . . . You wouldn’t try Mr. Nixon in jail
clothing. You wouldn’t try [him] visibly shackled. Because it would be
prejudicial[.] Jurors are going to come in this courtroom and they are going to
presume that this individual is probably guilty and he’s dangerous. . . . [T]his
facility here is not a neutral place to conduct business.
Nixon went on to argue that the State’s justification—convenience—is not a compelling state
interest to justify the prejudicial venue.
In response, the State argued the jail courtroom would not be prejudicial because the
building was not wholly a jail. Instead, the State argued, it is an annex building housing the
Sheriff’s office, the Medina County Jail, and the annex courtroom. The State proffered a witness
who stated the public uses the facility for other things. However, when pressed on the issue, the
witness could only testify the building was used for “Crime Stoppers” meetings and as an
emergency command center during county emergencies and disasters.
The State’s witness also testified (1) the Medina County Courthouse has only one male
restroom on the courtroom floor and jurors would have to be cleared out every time Nixon needed
to use the restroom, and (2) it would be difficult to transport Nixon without jurors seeing him in
shackles.
At the conclusion of the evidentiary hearing, the trial court denied the motion and stated it
based its decision on: (1) security issues; (2) concerns about Nixon commingling with the jurors
in the limited space at the courthouse; (3) the lack of restroom facilities at the courthouse; and
(4) the lack of technology at the courthouse.
On July 6, 2021, voir dire took place at the Medina County fairgrounds. After the jury was
selected, Nixon renewed his objection to the trial on the merits being held in the jail courtroom.
The trial court again denied Nixon’s objection and permitted Nixon to have a running objection to
holding trial in the jail courtroom.
-4-
04-21-00295-CR
On July 7, 2021, Nixon’s jury trial commenced in the jail courtroom. The trial court did
not address the jury regarding the location of the trial or the reasons for holding the trial in the jail
courtroom. The jury found Nixon guilty of capital murder, and the trial court sentenced him to
life in prison without the possiblity of parole. Nixon appeals.
DISCUSSION
In his first two issues, Nixon argues holding his trial in the jail courtroom eroded the
presumption of innocence thereby violating his constitutional right to a fair and impartial jury and
due process right to a fair trial. In his third issue, Nixon argues the building housing the jail
courtroom fits within the definition of a correctional facility, and section 24.012(e) of the Texas
Government Code prohibits a jury trial from taking place in a correctional facility. In his fourth
issue, Nixon argues African Americans were underrepresented in the venire panel and this
underrepresentation denied him the right to select a jury that accurately reflects the community.
Because his first two issues are dispositive, we need not address Nixon’s third and fourth
issues. See TEX. R. APP. P. 47.1 (“The court of appeals must hand down a written opinion that is
as brief as practicable but that addresses every issue raised and necessary to final disposition of
the appeal.”).
TRIAL IN A JAIL FACILITY
On appeal, Nixon argues the jailhouse setting is akin to forcing a defendant to be tried in
prison clothing or visible shackles as was the case in Estelle v. Williams, 425 U.S. 501 (1976).
Consequently, Nixon argues, holding the jury trial in the jail courtroom inherently prejudiced him
because it implied to the jury that he is either guilty or too dangerous or detached from society to
appear in the Medina County Courthouse. According to Nixon, this arrangement—and the
implication thereof—created an unacceptable risk that this setting eroded his presumption of
innocence. Nixon further argues that the reasons cited by the trial court for holding the trial at the
-5-
04-21-00295-CR
jail did not serve an essential state interest. Rather, Nixon argues, it served a purpose of
convenience, and convenience does not further an essential state interest justifying the risk.
The State, citing Holbrook v. Flynn, 475 U.S. 560 (1986), argues this case is more akin to
a jury trial where the presence of additional armed guards in the courtroom was held not to be
inherently prejudicial. Consequently, the State argues Nixon must show actual prejudice. Because
the record is devoid of actual prejudice, the State continues, Nixon’s rights to an impartial jury and
a fair trial were not violated.
In this appeal, we must decide an issue of first impression in Texas: Whether conducting a
jury trial in a courtroom housed within a correctional facility, i.e., the Medina County Jail, is an
inherently prejudicial practice that erodes the presumption of innocence afforded to a criminal
defendant, thereby violating his right to an impartial jury and his due process right to a fair trial.
We find guidance from the United States Supreme Court and the Texas Court of Criminal Appeals
while addressing analogous issues. We also find instructive persuasive authority from other
jurisdictions addressing this issue.
A. Applicable Law
The United States Constitution provides that, “[i]n all criminal prosecutions, the accused
shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed.” U.S. CONST. amend. VI. Furthermore, the
Fourteenth Amendment commands that no State shall “deprive any person of life, liberty, or
property, without due process of law . . . .” U.S. CONST. amend. XIV.
“The right to due process of law includes within it the right to a fair trial, and basic to a fair
trial is the presumption of the defendant’s innocence.” Marx v. State, 987 S.W.2d 577, 581 (Tex.
Crim. App. 1999); see also Flynn, 475 U.S. at 567 (“Central to the right to a fair trial, guaranteed
by the Sixth and Fourteenth Amendments, is the principle that ‘one accused of a crime is entitled
-6-
04-21-00295-CR
to have his guilt or innocence determined solely on the basis of the evidence introduced at trial,
and not on grounds of official suspicion, indictment, continued custody, or other circumstances
not adduced as proof at trial.’” (quoting Taylor v. Kentucky, 436 U.S. 478, 485 (1978)) (emphasis
added)); Simpson v. State, 447 S.W.3d 264, 265–66 (Tex. Crim. App. 2014) (mem. op.) (“The
presumption of innocence is a basic component of a fair trial under our system of criminal justice.”)
(alteration omitted). “To implement [the presumption of innocence], courts must be alert to factors
that may undermine the fairness of the fact-finding process and ‘guard against dilution of the
principle that guilt is to be established by probative evidence and beyond a reasonable doubt.’”
Simpson, 447 S.W.3d at 266 (quoting Williams, 425 U.S. at 503); see also State v. Jaime, 233 P.3d
554, 556 (Wash. 2010) (“In order to preserve a defendant’s presumption of innocence before a
jury, the defendant is entitled to the physical indicia of innocence which includes the right of the
defendant to be brought before the court with the appearance, dignity, and self-respect of a free
and innocent man.”) (internal quotation marks omitted).
Quoting Williams, the Texas Court of Criminal Appeals has held:
The actual impact of a particular practice on the judgment of jurors cannot always
be fully determined. But this Court has left no doubt that the probability of
deleterious effects on fundamental rights calls for close judicial scrutiny. Courts
must do the best they can to evaluate the likely effects of a particular practice, based
on reason, principle, and common human experience.
Marx, 987 S.W.2d at 581 (quoting Williams, 425 U.S. at 504). However, “a trial judge has broad
discretion to control the business of the court and in how he preserves proper order and decorum.”
Simpson, 447 S.W.3d at 266.
“In Estelle v. Williams, the Supreme Court [held] that making a defendant wear identifiable
prison clothing at his jury trial denies him due process and equal protection because ‘of the
impossible impairment of the presumption of innocence so basic to the adversary system.’” Id.
(quoting Williams, 425 U.S. at 503–04). “On the other hand, in Holbrook v. Flynn, the Supreme
-7-
04-21-00295-CR
Court [held] that the presence of four uniformed state troopers sitting in the spectators’ gallery,
directly behind the accused, was not so inherently prejudicial that it denied the defendant a fair
trial.” Simpson, 447 S.W.3d at 266 (citing Flynn, 475 U.S. at 569). “This was because of ‘the
wider range of inferences’ that a juror might reasonably draw from [the state troopers’] presence.”
Simpson, 447 S.W.3d at 266 (quoting Flynn, 475 U.S. at 569).
When a courtroom practice is challenged as inherently prejudicial, Williams and Flynn
require the following inquiries:
(1) [whether the practice] creates an unacceptable risk that the presumption
of innocence will be eroded; and
(2) [if so, does the practice] further an “essential” state [interest specific to
each trial].
Simpson, 447 S.W.3d at 266; see also Flynn, 475 U.S. at 570 (“Whenever a courtroom
arrangement is challenged as inherently prejudicial, therefore, the question must be not whether
jurors actually articulated a consciousness of some prejudicial effect, but rather whether an
unacceptable risk is presented of impermissible factors coming into play.”) (internal quotation
marks omitted).
Thus, when a courtroom practice creates an unacceptable risk that the presumption of
innocence will be jeopardized, then the courtroom practice is inherently prejudicial. See Simpson,
447 S.W.3d at 266; see also Flynn, 475 U.S. at 568. And, an inherently prejudicial practice
“should be permitted only where justified by an essential state interest specific to each trial.”
Flynn, 475 U.S. at 568–69.
“If a particular practice tends to brand the defendant with an unmistakable mark of guilt, it
impairs the presumption of innocence and violates the Fourteenth Amendment’s guarantee of due
process of law, unless it furthers an essential state interest.” Marx, 987 S.W.2d at 581. “If, on the
other hand, the challenged practice need not be interpreted by jurors as a sign that the defendant is
-8-
04-21-00295-CR
particularly dangerous or culpable, it is not inherently prejudicial and does not deny due process.”
Id. The Texas Court of Criminal Appeals has cautioned “that inherent prejudice rarely occurs and
is reserved for extreme situations.” Simpson, 447 S.W.3d at 266 (internal quotation marks
omitted). 3
B. Jurisdictions Holding a Jury Trial in a Jailhouse Courtroom is Inherently Prejudicial.
1. State v. Jaime, 233 P.3d 554 (Wash. 2010).
Nixon relies on Jaime to support his position—a strikingly similar case to the case at bar.
In Jaime, the trial court held a jury trial in a courtroom located in the county jail over defense
counsel’s objection. Jaime, 233 P.3d at 555. The State argued the trial should be held at the jail
because Jaime presented a serious security concern, and it was less likely the jury would see Jaime
transported in shackles. Id. In rendering its decision, the trial court “noted allegations concerning
threats by Jaime or his friends against the witnesses and alluded to Jaime’s history of violent
behavior in jail and escape attempts, explaining that there was better security in the jailhouse
courtroom.” Id. The trial court “also considered the convenience of holding the trial in the
jailhouse courtroom because it was much easier to usher the jury in and out of the jailhouse
courtroom in a timely fashion because the jury room was just across the hall from the courtroom.”
Id. at 555–56. The trial court “explained that it agreed with the State that there was less chance
the jury would see Jaime in handcuffs if the trial took place in the jail.” Id. at 556. “Finally, the
3
“If a courtroom arrangement is not inherently prejudicial, then reviewing courts use a case-by-case approach to
decide whether its use actually prejudiced the defendant.” Simpson, 447 S.W.3d at 266–67. “The test to determine
actual prejudice—the result of external juror influence—would be whether jurors actually articulated a consciousness
of some prejudicial effect.” Id. at 267 (internal quotation marks omitted). “In other words, the defendant must show
a reasonable probability that the conduct or expression interfered with the jury’s verdict.” Id. Nixon does not point
us to any evidence where the jurors actually articulated a consciousness of some prejudicial effect due to the courtroom
arrangement. Thus, Nixon’s issue wholly depends on whether holding the jury trial in the jail courtroom was
inherently prejudicial.
-9-
04-21-00295-CR
[trial] court noted the jailhouse courtroom was designed to accommodate jury trials and was in
design comparable to other courtrooms.” Id.
On appeal, the Jaime court held the jailhouse setting was inherently prejudicial. It
distinguished the case from Flynn noting a jail is much different than a courthouse:
Given the character of a jail, a juror would not take a visit to a jailhouse for
granted, nor would he or she be inured to the experience. See [Flynn, 475 U.S. at
569]. A juror’s experience with jail is very likely limited to what our societal
discourse tells us of jails: they are high-security places that house individuals who
need to be in custody. That the average juror would draw a corresponding inference
from that experience is reasonable to surmise.
....
In short, under the analysis of [Flynn], holding a trial in a jailhouse courtroom
is inherently prejudicial for two reasons. First, the setting is not in a courthouse, a
public building whose purpose is to provide a neutral place to conduct the business
of the law. Second, the setting that replaces the courthouse has a purpose and
function that is decidedly not neutral, routine, or commonplace. Holding a criminal
trial in a jailhouse building involves such a probability of prejudice that we must
conclude it is inherently lacking in due process.
Id. at 557 (footnote omitted).
2. State v. Cavan, 98 P.3d 381 (Ore. 2004).
In Cavan, the charges arose from an incident within the prison and the courtroom in
question was located in the visiting center of the prison. Cavan, 98 P.3d at 383–84. The Cavan
court noted:
Jurors must pass through metal detectors and have their hands stamped, and
must store their personal effects in lockers. The doors are locked behind them. A
juror wanting a smoking break must be escorted outside the main gate of the prison.
Id. at 383. “The [S]tate observed that the courtroom ‘is in an area of the prison generally open to
the public [which was] not materially different from any other courtroom.” Id. (alterations in
original).
- 10 -
04-21-00295-CR
Ultimately, the Cavan court held the prison courtroom setting was inherently prejudicial,
stating:
Holding a trial within the walls of a facility designed to segregate violent or
dangerous persons from the public at large implies that there is some need for
security measures above and beyond those of a normal trial. To be sure, the charges
in this case arose out of an incident at the prison, and the jurors could have inferred
that the court elected to hold the trial at the prison for administrative rather than
safety reasons. But the decision to hold a trial at a prison is such a departure from
the ordinary course, and the risk of singling defendant out in some impermissible
way is sufficiently great, that we hold that the practice is inherently prejudicial.
. . . Courts ordinarily hold criminal trials in courtrooms located within a public
courthouse; that location is familiar to, or readily ascertainable by the public, and
is a place where the public conducts a variety of governmental business. The public
courthouse, and, by extension, the courtroom within, is an important component of
the American adversarial tradition. The aura of neutrality that is inherent in the
public courthouse is due in large part to the public’s perception that the proceedings
conducted there are under the control of an independent and impartial judiciary.
That aura of neutrality and judicial impartiality contributes to and fosters the
public’s belief in, and, similarly, the public’s own commitment to, impartiality in
judicial proceedings.
Unlike the public courthouse, prisons . . . are inherently dangerous places that
the public, as a general matter, is unlikely to visit. A jury’s perception of the
neutrality of the proceedings that attend a trial in the public courthouse obviously
is diminished when the court convenes a trial within the environs of a prison . . . .
Gone is a jury’s perception that the proceeding is in the firm control of the impartial
and independent judiciary. Instead, the prison environment reminds the jury that
the prison houses the most dangerous elements of society, many of whom are
moving about within a few feet of the prison courtroom, and that the jury’s physical
safety, and to a large extent, the trial itself, are in the control of the prison
administrators and corrections personnel. Finally, and perhaps more importantly,
convening a trial in a prison . . . and not in a courthouse forcefully conveys to a jury
the overriding impression of a defendant’s dangerousness and we think, by
extension, his or her guilt.
Id. at 388–89.
3. State v. Lane, 397 N.E.2d 1338 (Ohio 1979).
The Lane court held that “a trial within a maximum[-]security penitentiary with 12-foot
high double walls, armed guards, high guard towers and visible barred windows [does not] allow[]
a jury to maintain the delicate posture of impartiality which is a mainstay of our judicial system.”
- 11 -
04-21-00295-CR
Lane, 397 N.E.2d at 1341. “The prison environment which is laden with a sense of punishment of
the guilty within transmits too great an impression of guilt on the part of the inmate who is on
trial.” Id. at 1340–41. “By holding a trial within a prison for an offense committed within that
same institution, the constitutional right to a fair trial is abridged in three ways: (1) The
presumption of innocence which must attach to the criminal defendant is eroded; (2) there is a
major interference with the jury’s ability to remain impartial; and (3) the right of the defendant to
obtain witnesses is chilled.” Id. at 1340.
C. Jurisdictions Holding a Jury Trial in a Jailhouse Courtroom was not Inherently Prejudicial.
1. Harper v. State, 887 So. 2d 817 (Miss. Ct. App. 2004).
The Harper court seemed to blur the lines between the right to a fair trial and the right to a
public trial. In this case, the defendants were charged with burglary of a dwelling, grand larceny,
and kidnapping committed while they were at large after escaping a maximum-security prison.
Harper, 887 So. 2d at 819–20. The Harper court determined a trial within the prison was not
inherently prejudicial because “[t]he jury would learn that the defendants escaped from the
maximum[-]security unit at Parchman, a fact that was not contested.” Id. at 826. It continued,
“since the jury would learn these facts, there is no prejudice that can result from the jury seeing
that which was already, or inevitably would be, known.” Id.
The Harper court also held the State had shown an essential state interest would be
furthered by a prison trial because “Harper and Woolard were dangerous, violent[,] and habitual
offenders” who would “do anything to remain free.” Id. Notably, the Harper court also upheld
the trial court’s decision to try the defendants in prison clothing and visible shackles because,
according to an officer’s testimony, the defendants were “extremely high-risk and to remove any
restraints would be amiss due to their past escapes.” Id. at 827–28.
- 12 -
04-21-00295-CR
2. State v. Daniels, 40 P.3d 611 (Utah 2002).
In Daniels, the defendant was charged with a murder committed while he was an inmate
in the prison where the trial was conducted. Daniels, 40 P.3d at 614. The Daniels court held:
[J]urors could have drawn an equally wide range of alternative inferences from the
fact that the trial was held inside the prison. The impact was not limited to an
inference that the defendant was a dangerous or untrustworthy individual. The
jurors could have just as easily inferred that (1) it was preferable to hold the trial
inside the prison instead of transporting the inmate witnesses to a courthouse
outside of the prison with the attendant financial cost and security risk; (2) holding
the trial in the prison courtroom enabled prison officials to testify without requiring
them all to travel to the courthouse . . . ; (3) it was necessary for the safety of those
involved in the trial to hold the trial in a prison courtroom because many of the
witnesses were inmates; (4) the jurors needed to be able to tour the crime scene,
which they did, because the incident occurred at the prison; (5) it was simply
preferable to hold the trial in a newer, more modern courtroom; (6) the prison
courtroom was better equipped to handle spectators or potential security risks from
outside groups that may arise from a racially-related homicide; or (7) the jury could
have inferred nothing. Thus, it is equally likely that jurors may have inferred that
the trial took place in a prison courtroom because of the circumstances surrounding
the nature of the case, and that the location of the trial had nothing to do with the
defendant’s character. It is also probable, indeed our system depends on the
assumption that, the jurors inferred nothing and followed their oath, adhering to the
instructions given them and impartially applying the law given them to the facts
they found in viewing the evidence presented at trial.
Id. at 619.
The Daniels court further held, however, “that to hold a criminal trial in a courtroom
located inside a prison or other facility simply because a defendant is already incarcerated, or
because to do so would be more safe or convenient, would also be error, absent adequate findings
and compelling reasons.” Id. at 620.
3. California v. England, 100 Cal. Rptr.2d 63 (Cal. Ct. App. 2000).
In England, the defendant was in prison when he resisted correctional officers’ attempts to
search his prison cell and stabbed two correctional officers with a sharp instrument. England,
100 Cal. Rptr.2d at 65. The defendant was tried in a courtroom on prison grounds where he was
- 13 -
04-21-00295-CR
incarcerated, but outside the prison wires. Id. at 65–67. The England court held the trial in the
prison setting was not inherently prejudicial for the following reasons:
The courtroom [at the prison] was physically and visually remote from the facilities
and activities of the prison as the courtroom was located in a building outside the
prison wires. The only inmates that jurors might have seen were those working in
gardens around the building.
Juror travel to the courthouse did not present any problems. Again, the courtroom
was not within the actual confines of the prison, and jurors could drive directly to
the courtroom.
The courtroom was accessible to the press and general public although, as the court
explained, visitors would have to identify themselves at the gate. This security
measure does not make the courtroom inaccessible.
Finally, the court took additional measures to ensure the fairness of proceedings by
asking prospective jurors whether they would be adversely affected by a trial held
on prison grounds. . . . [T]he one juror who expressed serious reservations was
excused from service.
Id. at 66–67.
The England court held, under the facts of this case, the trial location satisfied the standards
of a California statute that “ensure[s] the fairness of judicial proceedings.” Id. at 69.
Consequently, the England court held “[t]he trial site did not prejudice the jury, affront anyone’s
dignity, cause disrespect for the judicial system, or impact defendant’s decisions at trial in any
way.” Id.
4. Howard v. Virginia, 367 S.E.2d 527 (Va. Ct. App. 1988).
In Howard, the defendant—who was in prison when the crime occurred—conspired with
three other inmates to lock a fifth inmate in his cell and burn him alive. Howard, 367 S.E.2d at
529. The defendant was charged with conspiracy to commit capital murder. Id. at 528. After
learning that twenty-two inmate witnesses had been subpoenaed, the trial court decided to conduct
the trial in an administration building located immediately outside a correctional center compound.
Id. at 529. The trial court based its decision on a factual finding that the courthouse personnel
- 14 -
04-21-00295-CR
could not adequately provide for the safety of the inmates, witnesses, jurors, and the general public.
Id. at 531.
The Howard court held the trial setting was not inherently prejudicial because Howard was
tried in a courtroom outside the prison compound, there was no indication the jurors could see the
prison from the courtroom, and the jurors did not have to pass through gates or other security
devices. Id. at 532. The court noted the jury could have reasonably concluded the trial was being
conducted in the administration building for efficiency and convenience because Howard was
being tried for the murder of another inmate and many of the witnesses either worked at or were
incarcerated in the adjacent correctional facility. Id. As such, the Howard court concluded “the
location of Howard’s trial did not impermissibly suggest that he was guilty of the offense for which
he was being tried or otherwise operate to inherently prejudice him.” Id.
D. Analysis
First, we must determine whether holding the jury trial in the jail courtroom in the case at
bar creates an unacceptable risk that the presumption of innocence will be eroded. If we determine
this question in the affirmative, then we must next determine whether the jail courtroom setting
furthered an essential state interest to justify the risk.
1. Whether a Jury Trial in the Jail Courtroom Creates an Unacceptable Risk that the
Presumption of Innocence Will be Eroded.
Here, the first thing jurors will see as they approach the building where the trial took place
are large letters stating “MEDINA COUNTY JAIL” over the entrance. There is no indication this
building is an annex building that is used for purposes other than to house people that society has
deemed necessary to isolate from the population at large. As jurors walk into the building, they
are immediately confronted with glass doors with posted signs stating cell phones, cameras,
recording devices, purses, and packages are banned. As jurors walk through the glass doors, they
- 15 -
04-21-00295-CR
enter a small, windowless lobby that contains the jail information desk, the entrance to the
confinement portion of the jail that states “AUTHORIZED PERSONNEL ONLY,” jail visitation
rooms, a security window that allows you to speak with a receptionist from the sheriff’s office,
and a machine to deposit money into an inmate’s account. The machine is wrapped in a large
image containing handcuffs. There is a sign posted by the jail administrator on one of the visitation
room doors that states visitors will be banned from visitation indefinitely if they are caught with a
cell phone.
“[T]he courtroom in Anglo-American jurisprudence is more than a location with seats for
a judge, jury, witnesses, defendant, prosecutor, defense counsel[,] and public observers; the setting
that the courtroom provides is itself an important element in the constitutional conception of trial,
contributing a dignity essential to ‘the integrity of the trial’ process.” Estes v. Texas, 381 U.S. 532,
561 (1965). The only indication that the Medina County Jail building is used for any other purpose
than to house criminals segregated from the public at large is a small sign stating, “DISTRICT
COURT IN SESSION” on one of two solid doors along-side a single, small wall-placard stating
“COURTROOM.”
We believe a jury trial setting in a building with markings that indicate to the public that
the primary and substantial purpose of the building is to operate as a jail is more akin to the
impermissible practice of trying a defendant in prison clothes and shackles rather than the
permissible practice of allowing additional armed guards to sit in the courtroom. Compare
Williams, 425 U.S. at 512 (holding “the State cannot, consistently with the Fourteenth
Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison
clothes . . .”), with Flynn, 475 U.S. at 571 (holding the presence of four uniformed state troopers
was not so inherently prejudicial that it denied the defendant a fair trial).
- 16 -
04-21-00295-CR
Much like a jury may draw impermissible inferences from a defendant wearing shackles
or prison clothing, a jury will likewise draw impermissible inferences from a defendant being tried
in a building branded with the markings of guilt. See Marx, 987 S.W.2d at 581. It is no leap of
logic to think a jury will determine the defendant must be guilty because he or she is too dangerous
or culpable to be tried in a courthouse. See id. The defendant is not being tried solely on the
evidence and permissible inferences therefrom, but rather on the impermissible inferences drawn
from the location of his trial. The jailhouse venue vitiates the “aura of neutrality and judicial
impartiality [that] contributes to and fosters the public’s belief in, and, similarly, the public’s own
commitment to, impartiality in judicial proceedings.” Cavan, 98 P.3d at 389.
We do not suggest that a trial setting in a building that houses a courtroom and a
correctional facility will always erode the presumption of innocence afforded to a defendant.
However, under the facts of this case, the various markings reminding the jury that the building at
issue here has a primary purpose as a jail created an unacceptable risk that the jury would conclude,
before hearing any evidence, that Nixon is too dangerous to transport and must be isolated from
society. See Flynn, 475 U.S. at 567 (“One accused of a crime is entitled to have his guilt or
innocence determined solely on the basis of the evidence introduced at trial, and not on grounds
of official suspicion, indictment, continued custody, or other circumstances not adduced as proof
at trial.”). This unacceptable risk undermined the fairness of the fact-finding process and diluted
the principle that guilt is to be established by probative evidence and beyond a reasonable doubt,
and thus created a substantial likelihood that the presumption of innocence that should have been
afforded to Nixon would be eroded. See Simpson, 447 S.W.3d at 266 (“To implement [the
presumption of innocence], courts must be alert to factors that may undermine the fairness of the
fact-finding process and ‘guard against dilution of the principle that guilt is to be established by
probative evidence and beyond a reasonable doubt.’” (quoting Williams, 425 U.S. at 503)).
- 17 -
04-21-00295-CR
Accordingly, we hold the trial court setting in the jail courtroom created an unacceptable
risk that the presumption of innocence afforded to Nixon was eroded.
2. Whether Holding the Jury Trial in the Jail Courtroom Furthered an Essential State
Interest.
Having determined the jury trial in the jail courtroom created an unacceptable risk that the
presumption of innocence afforded to Nixon was eroded, we next determine whether the record
shows the setting furthered an essential state interest specific to this trial. See Flynn, 475 U.S. at
568–69 (holding an inherently prejudicial practice “should be permitted only where justified by an
essential state interest specific to each trial”).
Because there is no Texas authority on whether conducting a jury trial in a jail courtroom
is inherently prejudicial, there is likewise no Texas authority on what essential state interests may
justify the jailhouse setting for a jury trial. Accordingly, we look to analogous cases where a
prejudicial practice must be justified by essential state interests. In Bell v. State, 415 S.W.3d 278
(Tex. Crim. App. 2013)—a case addressing the inherently prejudicial effect when a defendant
appears before the jury in shackles—the Court of Criminal Appeals listed “physical security,
escape prevention, or courtroom decorum” as potential essential state interests justifying the
defendant’s appearance in shackles. See Bell v. State, 415 S.W.3d 278, 281 (Tex. Crim.
App. 2013). However, the Bell court held the practice is only justified when it is necessary for a
particular defendant in a particular proceeding. Id. Further, “the record must manifest the trial
judge’s reasons for restraining a defendant,” and “[w]hen the record fails to detail the grounds for
restraint, a trial judge errs in ordering a defendant shackled.” Id.
In Lilly v. State, the defendant complained the trial court violated his constitutional right to
a public trial when it conducted the trial in a correctional facility. 365 S.W.3d 321, 326 (Tex.
Crim. App. 2012). The Lilly court held the party seeking closure of the trial to the public must:
- 18 -
04-21-00295-CR
(1) assert an overriding interest to justify the closure; (2) the closure must be no broader than
necessary to protect the overriding interest; (3) the trial court must consider reasonable alternatives
to closing the proceeding; and (4) the trial court must make adequate findings to support the
closure. Id. at 328–29. “The findings must be on the record and specific.” Id. at 329 (internal
quotation marks omitted). Generic findings will not suffice because the findings must be specific
enough that a reviewing court can determine whether the closure was justified. Id. “[A] reviewing
court cannot ‘satisfy the deficiencies in the trial court’s record’ by making post hoc assertions
inferring an overriding interest[.]” Id. (quoting Waller v. Georgia, 467 U.S. 39, 49 n.8 (1984))
(footnote omitted). [I]t is reversible error when the record fails to show that a trial court considered
all reasonable alternatives to closure.” Id. (citing Presley v. Georgia, 558 U.S. 209, 215–16
(2010)).
Applying these principles to the case at bar, the trial court must make adequate findings
that the jailhouse setting is justified by an essential state interest specific to this trial and was
required to consider reasonable alternatives to conducting the jury trial in the jail courtroom. The
findings cannot be generic and must be on the record and specific.
The trial court cited four reasons for holding the jury trial in the jail courtroom: (1) security
issues; (2) concerns about Nixon commingling with the jurors in the limited space at the
courthouse; (3) the lack of restroom facilities at the courthouse; and (4) the lack of technology at
the courthouse.
At the outset, we note the cases from other jurisdictions—holding a jury trial conducted in
a correctional facility was justified—involved defendants who had either escaped from prison or
were tried in the same correctional facility where they allegedly committed the crimes for which
they were charged. See Harper, 887 So. 2d at 819–20 (crimes committed while defendants were
at large following their escape from maximum-security prison); see also Daniels, 40 P.3d at 614
- 19 -
04-21-00295-CR
(crime committed while defendant was an inmate at the correctional facility he was tried in);
England, 100 Cal. Rptr.2d at 65 (same); Howard, 367 S.E.2d at 529 (same). Those cases presented
legitimate security concerns because the defendants were shown to be at high risk of escaping,
particularly dangerous, or most of the witnesses were inmates or guards of the prison.
At the evidentiary hearing in this case, Gilberto Rodriguez, Chief Deputy for the Medina
County Sheriff’s Department, testified the security concerns with having the trial at the Medina
County Courthouse rather than the jail courtroom included a “lack of space[.]” Chief Deputy
Rodriguez further stated “the conference room . . . also serves as the jury room” and “it would be
very difficult to separate the jury from the defendant . . . .” Chief Deputy Rodriguez also testified
there is only one men’s restroom “[o]n that floor” in the courthouse. Chief Deputy Rodriguez
agreed with the State that the jail courtroom is convenient because it allows the Sheriff’s
Department to bring individuals from jail directly to the courtroom rather than transporting them
downtown to the courthouse. The State argued the jury may see Nixon in prison clothes and
shackles if he were transported to the courthouse every day. Though it did not present any evidence
regarding the lack of technology in the courthouse, the State argued this was another reason for
holding the trial in the jail courtroom.
“[C]ertain practices pose such a threat to the ‘fairness of the factfinding process’ that they
must be subjected to ‘close judicial scrutiny.’” Flynn, 475 U.S. at 568 (quoting Williams, 425 U.S.
at 503–04). Here, the record is completely devoid of any evidence that the jail courtroom setting
furthered an essential state interest that would justify the unacceptable risk jeopardizing Nixon’s
presumption of innocence. Moreover, the trial court only made general findings and did not
consider alternative means to accommodate the purported essential state interests proffered by the
State.
- 20 -
04-21-00295-CR
While Chief Deputy Rodriguez stated a lack of space and potential commingling of the
jury could create a security concern, he did not elaborate on how this lack of space would create a
security concern. In fact, the trial judge stated on the record that he had previously “tried a week
and a half jury trial” in the Medina County Courthouse.
For its second reason justifying holding the trial in the jail courtroom, the trial court cited
concerns about Nixon commingling with the jurors in the limited space at the courthouse. The
State argued the jurors might see Nixon in prison clothes and shackles while being transported to
the Medina County Courthouse. However, this concern was also raised in a pretrial hearing while
the parties discussed issues with holding voir dire at the Medina County fairgrounds. The trial
court informed the bailiff to bring Nixon to the fairgrounds early before jurors arrived so they
would not see him being transported. The trial court further ordered Nixon not be clothed or
restrained in a manner “overtly showing that he’s in custody.” This indicates the same measures
could have been taken to prevent jurors from seeing Nixon in prison clothes and shackles had the
trial taken place at the courthouse. Moreover, there is no evidence from the record that suggests
Nixon was ever a security threat.
Although Chief Deputy Rodriguez mentioned there was only one men’s restroom on the
floor of the courtroom, he did not explain why either Nixon or the jurors could not use the men’s
restroom on other floors of the county courthouse.
Finally, the availability of technology and the State’s argument that the jail courtroom is
“a more modern courtroom” for “modern jurors” are impermissible factors of convenience. See
Daniels, 40 P.3d at 620 (“[T]o hold a criminal trial in a courtroom located inside a prison or other
facility simply because a defendant is already incarcerated, or because to do so would be more safe
or convenient, would also be error, absent adequate findings and compelling reasons.”); see also
Jaime, 233 P.3d at 558 (“[T]he trial court considered impermissible factors involving convenience
- 21 -
04-21-00295-CR
in making its decision, as well as general concerns that would be applicable to any defendant who
is in custody during trial . . . .”). “That it may be more convenient [to employ an inherently
prejudicial practice], provides no justification for the practice.” Williams, 425 U.S. at 505.
The record does not support the furtherance of an essential state interest to justify holding
Nixon’s trial in the Medina County Jail building. Accordingly, we hold this trial setting was an
inherently prejudicial practice, and the trial court erred when it conducted Nixon’s trial in the jail
courtroom housed within the Medina County Jail building.
We sustain Nixon’s first two issues.
CONCLUSION
We reverse the judgment of conviction and remand the cause for a new trial consistent with
this opinion.
Irene Rios, Justice
PUBLISH
- 22 -
04-21-00295-CR
APPENDIX
Exhibit 1:
- 23 -
04-21-00295-CR
Exhibit 4:
- 24 -
04-21-00295-CR
Exhibit 5:
- 25 -
04-21-00295-CR
Exhibit 6:
- 26 -
04-21-00295-CR
Exhibit 12:
- 27 -
04-21-00295-CR
Exhibit 13:
- 28 -
04-21-00295-CR
Exhibit 14:
- 29 -
04-21-00295-CR
Exhibit 18:
- 30 -