Shackling

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6315 Jasper Phillip Rushing v. Arizona Arizona 2025-12-08 Pending IFP capital-punishment constitutional-claim due-process fundamental-error preservation-doctrine shackling Did the Arizona Supreme Court err in concluding that Mr. Rushing failed to preserve his constitutional challenge to visible shackling, and if unpreser…
23-7294 Robert Cota, Jr. v. United States Ninth Circuit 2024-04-23 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling Whether the Ninth Circuit violated §2255(b) by failing to require an evidentiary hearing and, in doing so, failed to protect the defendant's Fifth Ame…
23-972 Angela Germaine Spencer, By and Through Next Friend and Mother of A. S., a Minor v. Harrison County, Texas Fifth Circuit 2024-03-06 Denied Amici (1)Response RequestedRelisted (2) children-in-court civil-procedure civil-rights detainee-rights detainees due-process fifth-circuit nonjury-proceedings shackling Whether the indiscriminate shackling of detainees, particularly children, in nonjury proceedings violates the Due Process Clause
23-5803 Robert K. Decker v. Edwin Baez, et al. Seventh Circuit 2023-10-16 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect federal-question shackling spoliation Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and sh…
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony Fourth-Amendment,Fourth-Amendment-search,Probable-cause,Witness-testimony,In-camera-hearing,Shackling,Eyewitness-identification,Ineffective-assistance…
21-1053 Randall Hepp, Warden v. Danny L. Wilber Seventh Circuit 2022-01-28 Denied aedpa-review criminal-procedure deck-v-missouri due-process federal-habeas habeas-corpus judicial-restraint jury-trial shackling state-conviction state-court-deference Whether the Seventh Circuit's invalidation of Wilber's conviction comports with the limits on federal authority to overturn State convictions under th…
21-6667 Thomas Orville Bastian v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-12-20 Denied Response WaivedIFP collateral-review constitutional-protections due-process fifth-amendment interrogation-rights procedural-default right-to-counsel shackling waiver-of-counsel Whether state courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that he had voluntarily waived the …
21-6486 Gary Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-12-01 Denied IFP 28-usc-2254 due-process habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias jury-prejudice shackling statutory-interpretation Whether the state court's finding that the defendant was not prejudiced by being shackled in front of the jury, despite juror testimony that they saw …
21-6202 Charles Gregory Clark v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2021-11-09 Denied IFP capital-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan shackling shackling-claim specific-intent strickland-standard strickland-v-washington Whether the trial court's requirement that Charles Gregory Clark be visibly restrained during his entire capital murder trial without a hearing and ne…
21-5889 Anibal Alejandro Hernandez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-12 Denied IFP closing-argument courtroom-security criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prejudicial-statements shackling trial-shackling Was Petitioner denied the effective assistance of counsel when his trial counsel failed to object to Petitioner being ordered to be shackeled during t…
21-5329 Omar Sharpe v. United States Second Circuit 2021-08-10 Denied Response WaivedIFP constitutional-rights court-of-appeals courtroom-behavior criminal-trial district-court due-process illinois-v-allen shackling Whether Petitioner's Due Process rights were violated
21-5210 Trojan Hart v. United States Second Circuit 2021-07-26 Denied Response WaivedIFP criminal-procedure due-process evidentiary-restrictions jury-instructions right-to-counsel sentencing sentencing-review shackling Whether the district court erred when it shackled Hart and codefendant Sharpe?
20-363 Frederick R. Whatley v. Warden, Georgia Diagnostic and Classification Prison Eleventh Circuit 2020-09-17 Denied Amici (1)Relisted (12) circuit-split federal-law habeas habeas-corpus holbrook-v-flynn ineffective-assistance ineffective-assistance-of-counsel prejudice shackling strickland-standard strickland-v-washington Does a state court unreasonably apply federal law when, in determining whether a person suffered prejudice as a result of ineffective assistance of co…
19-8022 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-03-19 Denied IFP burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is the burden on the defendant…
19-5351 Johnny Lee Johnson v. William Sperfslage Eighth Circuit 2019-07-26 Denied Response RequestedRelisted (2)IFP due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error-review shackling sixth-amendment Whether the due process provisions of the Fifth and Sixth Amendments require a plain error review when a defendant is shackled in view of a jury or if…
18-9559 Aracelis N. Ayala v. United States Third Circuit 2019-06-05 Denied Response WaivedIFP article-iii-judges civil-rights criminal-defendants criminal-procedure district-court due-process fifth-amendment individualized-determination judicial-tenure presumption revised-organic-act shackling shackling-policy virgin-islands-court whether a blanket policy of shackling criminal defendants without an individualized determination of need violates due process?
18-9558 Oladimeji Ayelotan v. United States Fifth Circuit 2019-06-05 Denied Response WaivedIFP 8th-amendment conspiracy constitutional-rights criminal-procedure due-process eighth-amendment jury-selection sentencing shackling Whether the United States Court of Appeals for the Fifth Circuit erred
18-8869 Jesse Davenport, aka Draco John Flama v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an 'error' under the plain error test…