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Lovell v. State11/12/1997
leg braces; and (v) he said he was going to run and the bailiffs would have to shoot him."
Id. at 1247.
Illustrations of circumstances justifying shackling at a capital sentencing are presented in the following cases: Caro v. Vasquez, 1996 U.S. Dist. LEXIS 20840, No. C93-4159JW, 1996 WL 478683 (N.D. Cal. Aug. 19, 1996) (three escape attempts; restraints progressed from knee brace to leg shackles to handcuffing the prisoner's left hand to his chair at the trial table); Jefferson v. State, 328 Ark. 23, 941 S.W.2d 404 (1997) (defendant had disrupted closing arguments in the guilt phase); Stewart v. State, 549 So. 2d 171 (Fla. 1989) (defendant also facing charges of escape and attempted escape), cert. denied, 497 U.S. 1032, 110 S. Ct. 3294, 111 L. Ed. 2d 802 (1990); Moon v. State, 258 Ga. 748, 755, 375 S.E.2d 442, 449 (1988) (court acted on unrefuted information relating to the defendant's having "misbehaved the evening of the first day of the penalty phase of the trial"), cert. denied, 499 U.S. 982, 111 S. Ct. 1638, 113 L. Ed. 2d 733 (1991); Commonwealth v. Brown, 538 Pa. 410, 435, 648 A.2d 1177, 1189 (1994) (defendant was placed in leg irons, which the jury probably did not see, only during the instructions at the penalty phase after defendant "had refused to obey an order of the sheriff and attempted to take control"); Stockton v. Commonwealth, 241 Va. 192, 402 S.E.2d 196 (defendant had a propensity for violent crime and a record of escape), cert. denied, 502 U.S. 902, 112 S. Ct. 280, 116 L. Ed. 2d 231 (1991).
The Supreme Court of Nevada has held that a trial court's decision to shackle at a capital sentencing is sufficiently supported by the verdict of guilty of murder and the request for a death penalty. See Canape v. State, 109 Nev. 864, 859 P.2d 1023 (1993), cert. denied, 513 U.S. 862, 115 S. Ct. 176, 130 L. Ed. 2d 112 (1994); Duckett v. State, 104 Nev. 6, 752 P.2d 752 (1988) (per curiam). Compare Powell v. State, 108 Nev. 700, 838 P.2d 921 (1992) (per curiam) (threats to take bailiff's eye and to show the court violence if "they" wanted to see violence), vacated on other grounds, 511 U.S. 79, 114 S. Ct. 1280, 128 L. Ed. 2d 1 (1994). Duckett was considered by this Court in Hunt, 321 Md. at 407, 583 A.2d at 228, but, as reviewed above, we did not rest our approval of the exercise of discretion to shackle Hunt substantially on the fact that Hunt had murdered a police officer to avoid apprehension.
B
In the instant matter, after he had pled guilty, Lovell by a written motion requested a court ruling that he appear at sentencing without shackles or other visible, physical restraints. In its written response, the State simply asked the court to "hold a hearing to make an individual determination in this matter." Lovell's motion was heard on June 24, 1996, the day on which Lovell elected sentencing by a jury. At the hearing Lovell relied on Hunt and Whittlesey while the State presented no evidence or argument.
At that hearing Lovell was restrained by a cuff on each ankle between which ran a chain, and he was handcuffed in front by standard handcuffs which brought his right and left wrists to within about three inches of each other. The court denied the motion to unshackle at jury sentencing. Lovell then requested that the court permit removal of the handcuffs only, but the court denied that modification as well.
The circuit court's entire ruling on shackling is reproduced in the margin. In essence, the court concluded "that any prejudice that might occasion to the Defendant by wearing shackles would be removed by the jury's knowledge" that Lovell had pled guilty and that he faced a possible death sentence. With respect to the Sta
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