AYERS

v.

MAINE

Citator

Cited By (11 total)

• McCOY v. State, 503 So. 2d 371 (Fla. 5th DCA 1987)
  …26 L.Ed.2d 80 (1970). “[Restraints may confuse the defendant, impair his ability to confer with counsel, and significantly affect the trial strategy he,chooses to follow.” Zygadlo v. Wainwrigfit, 720 F. 2d 1221, 1223 (11th Cir. 1983), cert. denied, 466 U.S. 941, 104 S.Ct. 1921, 80 L.Ed.2d 468 (1984). They should be used only when it is necessary to deter escápe or prevent a disturbance or potential injury to people in the courtroom. A trial court should not simply defer to the security measures set forth…
• Elledge v. Dugger, 823 F.2d 1439 (11th Cir. 1987)
  …ff'd on other grounds, 484 F. 2d 944 (5th Cir.1973). This Court has fully adopted the broad concerns reflected in the Supreme Court opinions. Allen, 728 F. 2d at 1413-14; Zygadlo v. Wainwright, 720 F. 2d 1221, 1223-24 (11th Cir.1983), cert. denied, 466 U.S. 941, 104 S.Ct. 1921, 80 L.Ed.2d 468 (1984). Putting the case in the same posture as it would be had the shackling occurred at the guilt-innocence stage of the trial, it is apparent that resentencing is required. Before selecting the jury to sentence El…
• United States v. Brazel, 102 F.3d 1120 (11th Cir. 1997)
  …lo v. Wainwright, 720 F. 2d 1221, 1223 (11th Cir.1983) (no abuse of discretion in requiring defendant to wear leg shackles at trial where district court was aware of defendant’s previous escape attempt and observed defendant at trial), cert. denied, 466 U.S. 941, 104 S.Ct. 1921, 80 L.Ed.2d 468 (1984). The court’s use of cloths to cover all counsels’ tables so that the leg shackles were not visible significantly reduced the possibility of prejudice. Cf. Allen, 728 F. 2d at 1413 (where jurors caught at most…