Does anyone know of any case law involving a mistrial because the jury saw the defendant being escorted to court in a marked police unit? He was not before Court handcuffed, nor was he being escorted by jail staff. He was being escorted into Court prior to court being in session for the day.

I am trying to find some case law that would support the theory that it is okay for the jury to infer that the Defendant may be in custody on this case and that this is not necessarily so prejudicial that a mistrial is necessary.

Garcia v. State, 634 S.W.2d 888 (Tex.App.--San Antonio 1982)


Appellant's seventh ground of error asserts that the trial court erred in not granting appellant's motion for a mistrial when appellant was seen in custody of the sheriff and being placed in a paddy wagon. Appellant alleges that at least one juror saw appellant in custody of the sheriff and being placed in the paddy wagon. Relying upon Walthall v. State, 505 S.W.2d 898 (Tex.Cr.App.1974), appellant argues that this prejudicial occurrence negated appellant's presumption of innocence due to the appearance that appellant is a dangerous man who must be closely secured.
A review of the record indicates that only one juror saw the appellant in the custody of the sheriff, but did not see him placed in the paddy wagon. In response to whether this encounter affected the juror's verdict, the juror stated that her verdict was not affected in any way. The record does not reflect that appellant was handcuffed at the time he was seen by the juror while in the custody of the sheriff. The case relied upon by appellant to support his argument that the incident deprived him of his presumption of innocence, however, involved a defendant who “was brought into the courtroom by the sheriff in handcuffs and further bound by a chain 61/2-7 feet in length.” Walthall v. State, 505 S.W.2d 898 (Tex.Cr.App.1974).
Even if appellant was handcuffed at the time in question, we point out that this is not a situation where the appellant in handcuffs was brought into the courtroom and displayed in front of the jurors, thereby infringing upon his constitutional presumption of innocence. See Moore v. State, 535 S.W.2d 357 (Tex.Cr.App.1976); Walthall v. State, 505 S.W.2d 898 (Tex.Cr.App.1974). Rather, it is a situation where appellant was seen in the custody of the sheriff, possibly with handcuffs, for the purpose of being transported to and from the courtroom. Since appellant failed to make an affirmative showing of prejudice, we find that the juror's brief encounter with appellant did not violate appellant's presumption of innocence. See Wright v. Texas, 533 F.2d 185 (5th Cir. 1976). Appellant's seventh ground of error is overruled.