PEOPLE v. MELVIN SIMMONS, JR Part I
Court erred in shackling defendant during trial where its restraint determination was not individualized, adequately supported, or made on the record. Erroneous shackling was prejudicial even though the court admonished the jury to disregard the restraints, and there was no evidence that the jury disobeyed the instruction, where shackling likely had an effect on defendant's mental state at trial, particularly while he was testifying, and there were significant factual disputes in the case.
Comments on PEOPLE v. MELVIN SIMMONS, JR Part I