 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lovell v. State11/12/1997
te interests involved, the court disclaimed concern over courtroom decorum. The circuit court was also not concerned that there would be a successful escape. It noted, "there are several uniformed officers in close proximity, there are other plain clothed officers throughout the Courtroom." The court based its ruling on concern over the possibility of injury to persons other than Lovell, and on injuries to Lovell, should he attempt an escape.
We find nothing in the record to suggest that Lovell needed to be protected from provoking an incident, i.e., that the law enforcement officers who were providing courtroom security were looking for a false move from Lovell in order to inflict summary punishment on this admitted cop killer. Indeed, at the conclusion of arguments and after the jury had retired to deliberate, defense counsel addressed the court on behalf of Lovell and himself "to acknowledge the professionalism, the decency of the State Troopers who have dealt with us and our client, and the other staff who have been involved in the investigation of this case."
Lovell stands five feet ten inches tall and weighed 130 pounds at or about the time of sentencing. Prior to any court appearances during the period following Lovell's conviction for capital murder, the custodial authorities would thoroughly search him for any weapons. There were "several" uniformed officers as well as plain clothed officers furnishing security in the courtroom. There is no indication that an adequate number of officers was not available to control Lovell and to protect trial participants and spectators. Compare Dixon v. State, 27 Md. App. 443, 450-51, 340 A.2d 396, 401 (1975) (strike by personnel at the Baltimore City Jail coupled with the defendant's threat to punch a sheriff if the defendant were touched justified handcuffs at trial on guilt or innocence for armed robbery and rape). Lovell had no prior conviction for a crime of violence. There is no indication in the record that he created any disturbance or made any threats from the time of his apprehension to and through the sentencing proceeding. Lovell was twenty-five years of age when this sentencing was conducted. For most of the period from age seventeen he had been confined in correctional institutions for selling controlled dangerous substances. Summaries of his institutional histories were part of the record at sentencing, and they do not reflect any institutional infractions of a violent nature.
Consequently, the decision to require Lovell to appear before the jury at the capital sentencing, shackled hand and foot, rests entirely on his having committed murder, attempted murder, and batteries while armed. Murder is intrinsically a most violent crime, but, if that alone justified shackling at a capital sentencing, then all murderers could be shackled when sentenced by a jury. That is not the way in which the Due Process Clause is applied, as demonstrated in Part II.A hereof. Consequently, we hold that the circuit court erred in failing to base its decision to shackle on an individualized evaluation of whether the State interest in the protection of persons in the courtroom outweighed the prejudice to Lovell.
On June 25, 1996, the potential jurors assembled in the courtroom. The court instructed Lovell to stand briefly before the venire in order to determine which, if any of the venirepersons, might know Lovell. When additional venirepersons assembled in the courtroom on June 26, 1996, Lovell was again instructed to stand briefly for identification purposes. Individual voir dire was conducted in the judge's chambers. Although the record is silent, we assume Lovell was present, as he had a right to be. See Bedford v. State, 317 Md. 65
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|