State ex rel. Rosenthal v. Poe

98 S.W. 3d 194 (2003)

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State ex rel. Rosenthal v. Poe

Texas Court of Criminal Appeals
98 S.W. 3d 194 (2003)

LJ

Facts

Ted Poe (defendant), a district judge in Harris County, Texas, signed an order permitting certain media outlets to videotape jury deliberations in a capital-murder proceeding. The order included a factual finding that the videotaping would serve as a public educational endeavor. The cameras were to be unattended, with no staff permitted in the deliberation room. The criminal defendant provided written consent to the videotaping. The jurors who were selected indicated that the videotaping would not affect their deliberations. Prospective jurors were excused by agreement if they raised an issue with the deliberations being recorded. Poe informed the jurors that he believed the videotape would be edited and significantly cut down. Texas (plaintiff) filed a mandamus proceeding directing Poe to vacate a portion of the order authorizing the videotaping of jury deliberations, asserting that Texas law prohibited any person from being with the jury while deliberating and that the video camera unlawfully pierced this statutory veil of confidentiality.

Rule of Law

Issue

Holding and Reasoning (Hervey, J.)

Concurrence (Cochran, J.)

Dissent (Keasler, J.)

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