In Limine Motions

Trial court did not err in requiring pro se defendant with history of violence to remain shackled to his chair during trial. Following a jury trial during which he represented himself, defendant was convicted of assault with a deadly weapon…

The decision to station a uniformed deputy at the witness stand must be based on individualized facts showing the defendant poses a safety or flight risk, or would otherwise disrupt the proceedings, and not based on a standard practice or…

Stationing a courtroom deputy next to a testifying defendant is not an inherently prejudicial practice. The appellate court rejected Stevens's contention that the presence of a deputy standing next to him while he testified was akin to a "human shackle"…

Whether the presence of armed guards in the courtroom deprives a defendant of due process to a fair trial must be determined by the judge on a case-by-case basis. Appellant and the victim, who both suffered from chronic alcoholism and…

A defendant at jury trial may be subject to physical restraints while in the jury's presence only if the judge makes a finding on the record that there is a manifest need for such restraints. Appellant was convicted at jury…