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Name: People v. Fisher
Case #: B181560
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/30/2006
Summary

Leg restraints were proper at defendant’s mentally disordered offender hearing where no objection was entered and the defendant was an escape risk. The court rejected the prosecution argument that the restrictions on shackling that apply in criminal cases do not apply to mentally disordered offender proceedings, and instead held that a defendant cannot be subjected to physical restraints of any kind in the courtroom while in the jury’s presence, absent a showing of a manifest need for such restraints. Here, however, the trial court’s order was supported by evidence in the record showing that the defendant was a flight risk. Moreover, the issue was waived by defendant’s failure to object, and since the record disclosed no evidence that the jury had seen the shackles, any error would have been harmless.