IVAN PALMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ivan Palmer appealed the denial of his post-conviction motion, claiming ineffective assistance of counsel for failing to adequately object to his trial appearance in identifiable prison clothing bearing his name and number. The court reversed the summary denial and remanded for an evidentiary hearing, finding the claim potentially meritorious based on ambiguity regarding whether Palmer knowingly waived his constitutional right to appear in non-prison clothing.
The court reversed the summary denial of Palmer's Rule 3.850 motion on the clothing issue and remanded for an evidentiary hearing. The court held that the record was unclear whether Palmer knew he had options other than prison or county jail pants, and whether he understood the constitutional implications of his choice, making summary dismissal improper.
[1] A defendant cannot be compelled to stand trial in identifiable prison clothes.
[2] To establish prejudice from being forced to wear prison clothes, a defendant must make a timely objection and the record must demonstrate the jury could identify the defe…
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Join FLexlaw to unlock all legal intelligence“A defendant cannot be compelled to stand trial in identifiable prison clothes. Estelle v. Williams, 425 U.S. 501, 96 S.Ct. 1691, 48 L.Ed.2d 126 (1976).”
Establishes the constitutional principle protecting defendants from appearing in identifiable prison clothing during trial.
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Join FLexlaw to unlock all legal intelligencePalmer was tried wearing blue prison pants with white stripes and his name and prison number on the back. Defense counsel advised him to wear green co…
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PER CURIAM.
The defendant appeals the denial of his 3.850 motion and raises four issues. We find his first claim worthy of an evidentiary hearing and reverse the summary denial.
The defendant alleged that he received an unfair trial when he was forced to attend trial in prison pants, which contained his name and prison number on the back. He alleged that the jury was able to detect the nature of his clothing when he stepped down from the witness stand to refer to a diagram during his testimony.
The State responds that the clothing issue was not phrased as an ineffective assistance of counsel claim. It also argues that the issue should have been raised on direct appeal and is legally insufficient. Lastly, it argues that the defendant acquiesced to wearing the prison pants. We disagree.
Defendant was provided a dress shirt and tie, but only given the option of wearing either green jail pants or blue prison pants. The blue prison pants had white stripes down the sides and his name and prison number on the back. Defense counsel raised the issue before trial and advised the defendant to wear the green county jail pants.
When the judge asked the defendant which pants he preferred, he indicated that he only had either the prison or the jail pants. Defense counsel never clearly objected and only stated that he wanted this information on the record. When the court asked the defendant if he was satisfied, he replied: “If my lawyer is, I am.”
This court affirmed his conviction on direct appeal, which included the clothing issue. In that appeal, the State argued that the clothing issue had not been preserved. This court affirmed. The clothing issue is now raised as an ineffective assistance of counsel claim.
A defendant cannot be compelled to stand trial in identifiable prison clothes. Estelle v. Williams, 425 U.S. 501, 96 S.Ct. 1691, 48 L.Ed.2d 126 (1976). To establish prejudice, the defendant must make a timely objection and the record must demonstrate that the jury was able to identify the defendant as a prisoner based on his clothing. Eberhardt v. State, 550 So. 2d 102 (Fla. 1st DCA 1989), review denied, 560 So. 2d 234 (1990). Counsel may be found ineffective for failing to preserve the issue. See Pineda v. State, 805 So. 2d 116 (Fla. 4th DCA 2002).
The crux of the issue is whether the defendant knowingly waived his right to appear in non-prison clothing. The record reflects that his lawyer discussed the clothing issue with him and advised him to wear the green county jail pants instead of the prison pants. What is unclear is whether the defendant knew that he had a choice other than wearing prison or county jail pants. In addition, the defendant alleges that his attorney assured him the pants were not a problem as long as he did not stand up in front of the jury. However, in this case, he did just that when he stepped down from the witness stand to refer to a diagram.
The order denying his rule 3.850 motion is reversed on this issue only and remanded for an evidentiary hearing. The order is affirmed in all other respects.
WARNER, HAZOURI and MAY, JJ., concur.
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Citator
Cited By
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Miller v. State, 852 So. 2d 904 (Fla. 4th DCA 2003)…GROSS, J., concurring specially. This court has previously held that counsel may be ineffective for failing to preserve the issue of being compelled to stand trial in identifiable prison clothes. See Palmer v. State, 831 So. 2d 725 (Fla. 4th DCA 2002); Pineda v. State, 805 So. 2d 116 (Fla. 4th DCA 2002); see also Cramer v. State, 843 So. 2d 372 (Fla. 2d DCA 2003); Waters v. State, 779 So. 2d 625 (Fla. 1st DCA 2001). These cases require a hearing in this case. To raise the iss…
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Lewis v. State, 864 So. 2d 1211 (Fla. 4th DCA 2004)…ial counsel failed to object to defendant’s appearance in court in prison garb). Appellant stated a valid claim of ineffective assistance of trial counsel for failure to object to his wearing jailhouse clothing before the jury. See Palmer v. State, 831 So. 2d 725 (Fla. 4th DCA 2002); Pineda v. State, 805 So. 2d 116 (Fla. 4th DCA 2002); Waters. Appellant’s claim is not refuted by the record attachments. Accordingly, we reverse that part of the lower court’s order denying relief on this claim and remand for a…
Authorities Cited
- Estelle v. Williams, 425 U.S. 501 (U.S. 1976)
- Kennedy Eberhardt v. State, 550 So. 2d 102 (Fla. 1st DCA 1989)
- Pineda v. State, 805 So. 2d 116 (Fla. 4th DCA 2002)