IN RE K.R.

No. 14-98-00118-CV.

22 S.W.3d 85 (2000)

In the Interest of K.R., a Child.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled July 20, 2000.


Attorney(s) appearing for the Case

Miriam J. Riskind, Houston, for appellants.

Bruce S. Powers, Houston, for appellees.

Before Chief Justice MURPHY and Justices YATES, MAURICE E. AMIDEI, ANDERSON, HUDSON, FOWLER, EDELMAN, WITTIG, FROST, and DRAUGHN, En Banc.


MAJORITY OPINION ON REHEARING EN BANC

J. HARVEY HUDSON, Justice.

We withdraw the opinion of the panel delivered on August 31, 1999, and substitute the following en banc opinion.

Appellant asks us to decide whether the trial court erred in forcing him to trial before a jury while wearing handcuffs. Because we find the court's use of visible restraints, under the facts presented here, deprived appellant of his fundamental due process right to a fair...

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