Firearm Possession, Sexual Abuse, and Drug Possession on Tap for SHSU Courtroom

Although Huntsville residents have their share of exposure to the criminal justice system, they rarely have a chance to see an appeals court in action.  That changes this Wednesday, April 1, when the Center for Law, Engagement, And Politics hosts the Texas 10^th Court of Appeals at Sam Houston State University, with hearings at 10am, 11am, and 1:30pm.  The cases involve possession of a firearm by a felon, charges, sexual abuse of a minor, and possession of a controlled substance.

“The cases are interesting to the local community and students alike,” notes LEAP Ambassador Michelle Cardenas. “It’s a rare chance to see our appeals court in action, and this year’s cases are especially intriguing.”

The 10^th Court of Appeals typically meets in Waco, where they hear cases two-three times a year.  But the Texas Legislature allows the appellate courts to travel to county seats within their jurisdiction.  The 10^th Court of Appeals’ jurisdiction extends to some 18 counties, including Walker County, and they have travelled to SHSU every year since 2012 to hear three or, sometimes, four cases.

In addition to changing the venue, the justices also alter the courtroom procedures slightly to suit the educational setting.  Attorneys for both the plaintiff and the defendant have three minutes to turn, face the audience, and provide the facts of the case.  Although this component of the hearing has no impact on the justices’ decision, it is designed to allow those in attendance to better follow the legal arguments that will be put forth.

This year’s cases involve diverse issues and will take place at the times listed below:

10am: Milton Rederick Miller v. State of TX : This appeal involves possession of a firearm by a felon, with the legal issues addressing, among other things, whether barring guns from non-violent felons violates the 2^nd amendment and whether the defendant was competent to represent himself.

11am: Tacoby Davis v. State of TX: this appeal involves charges of sexual assault of a child. The legal issue involves the question of what constitutes a “public trial” and whether barring a testifying witness from the courtroom compromises that constitutional guarantee.

1:30pm: Tyrone Shepard v. State of TX—This appeal involves a conviction for possession of a controlled substance.  The legal issues involve the relevance of the defendant’s previous arrest for controlled substance and his right to a speedy trial.

Unlike trial courts, which select juries and are presided over by a single judge; the 10^th Court of Appeals is presided over by a three-justice panel: Chief Justice Matt Johnson, Justice Steve Smith and Justice Lee Harris. In appeals hearings, there are no juries, no witnesses, no direct or cross-examinations, and no outcome is decided immediately at the end of the hearing.  Rather, each side is given 20 minutes to argue their case, with the justices often interjecting to ask questions, challenge an interpretation, or to seek additional information.

The cases will be heard at the Kerper Courtroom in the CJ Center at Sam Houston State University.  Although the courtroom rarely reaches capacity, it has occurred, and seating is provided on a first-come, first-served basis.  Local residents are welcome to attend. For more information, contact Mike Yawn at 936-294-1456 (or by email at mike.yawn@shsu.edu).

Please note there is a dress and etiquette code enforced by the court. It is:

Dress Code – All persons attending any portion of the oral argument sessions must wear proper attire.  The following is a list of inappropriate attire that includes, but may not be limited to:

• Shorts (includes cut-offs, running shorts, Daisy Dukes)
• Tank tops; Halter tops
• Caps/hats
• Mini skirts; Sweat pants, leggings
• T-shirts with any type of inappropriate language or picture

Weapons – Weapons of any type are NOT allowed in the room where the oral arguments are taking place.
Electronic Devices –ALL electronic devices must be either turned off or set to silent.
Recording– No photos, broadcasting or recording devices are allowed during the oral argument session.
Food and/or Drink – No food or drink is allowed during the oral argument session. This also includes tobacco products and chewing gum. 
Behavior – Any person who disrupts the proceedings by talking, making noise, public display of signs, or similar conduct will be required to leave the courtroom.
Entrance and Departure – The Court strongly discourages the entering and departure of the courtroom during hearings. The bailiffs will permit entry at the top of the hour, at the beginning of hearings, and at 50 minutes past the hour.