 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lovell v. State11/12/1997
ence." Id. at 132, 507 A.2d at 1078. The only case, at the time, dealing with shackling at a capital sentencing hearing was Elledge v. State, 408 So. 2d 1021 (Fla. 1981), cert. denied, 459 U.S. 981, 103 S. Ct. 316, 74 L. Ed. 2d 293 (1982), and we quoted from that case. The Florida Supreme Court upheld the shackling, on the same two grounds used by us in Bowers -- lack of prejudice and discretion. As to prejudice, the Elledge Court held:
"Cases which concern such prejudice deal with the adverse effects that such restraints have upon the accused's presumption of innocence [citations omitted]. But appellant did not stand before the sentencing jury as an innocent man; rather he stood as a confessed murderer of three persons. The critical issue in a restraint case is the degree of prejudice caused by the restraints. Here, we can find very little prejudice since the appellant was an avowed dangerous individual."
408 So. 2d at 1022-23, quoted in Bowers, 306 Md. at 136-37, 507 A.2d at 1080.
Elledge also found no abuse of discretion, observing that the judge had information that the defendant had threatened to attack his bailiff, although the nature, timing, and circumstances of that threat were not explained.
Our conclusion in Bowers, as to the element of discretion was as follows:
"Although we would prefer the bases for the judge's conclusions to have been somewhat more explicitly stated, we believe it plain that the trial judge exercised his discretion in determining that leg irons should be on Bowers during the time for trial and he was not influenced solely by the recommendation of the sheriff. We find no abuse of discretion."
Id. 138, 507 A.2d at 1081.
The Bowers Court was quite firm in finding no prejudice from the shackling. The concern, which we overcame in the end, was on the discretion issue, and that centered not on the ultimate decision to require shackles, but on whether the judge gave undue deference to the recommendation of the sheriff and thereby failed to exercise his own discretion. In this case, there is no suggestion of that; Judge Horne made his own decision based on his view of the circumstances. With respect to the prejudice, although there was no voir dire of the jury as to the shackling, as none was requested, the court did give a clear instruction that served essentially the same purpose. There can be little doubt that, under a Bowers analysis, Lovell would not be entitled to a new sentencing hearing because he was shackled.
We next considered the issue of shackling at a capital sentencing hearing in Hunt v. State, 321 Md. 387, 583 A.2d 218 (1990). Hunt had been convicted of killing a police officer and was sentenced to death. We vacated the sentence and remanded for a new sentencing proceeding. During the pendency of the appeal, Hunt committed a number of prison infractions; twice he was found in possession of a knife, and on one occasion he feigned illness so he would be taken to the hospital, to "see what my chances of freedom were." Id. at 403. At the second sentencing proceeding, the court, aware of both Hunt's criminal history (armed robbery and assault) and his more recent conduct in prison, held a hearing to determine whether Hunt should be shackled. It considered, among other things, the presentence investigation report prepared in connection with the first proceeding and the recommendation of the judge who chaired the court's security committee, and ordered Hunt to wear leg irons. That decision was challenged on the grounds that (1) the trial judge did not adequately explain his reasons for requiring leg irons, and (2) his decision was based "solely on the unsupported recommendation o
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.
|
|