Hightower v. State

OPINION

By the Court, Douglas, J.:

Appellant Dennis Lydell Hightower argues that the district court erred in denying his request to allow an incarcerated defense witness to appear at trial in civilian clothing. We agree and conclude that, absent unusual circumstances, incarcerated witnesses should not be compelled to appear at trial in the distinctive attire of a prisoner. While the district court erred by compelling a defense witness to testify while clad in jail attire, we conclude that the error was harmless beyond a reasonable doubt. We therefore affirm the judgment of conviction.

FACTS

The…