Legal Opinion

United States v. Howard

Court of Appeals for the Ninth Circuit

Decided March 26, 2007No. 03-50524, 03-50525, 03-50526, 03-50527, 03-50532, 03-50533, 03-50534, 03-50535, 03-50536, 03-50537, 03-50538, 03-50539, 03-50540, 03-50541, 03-50542, 03-50543, 03-50544, 03-50545PublishedCited by 26 opinions

1Opinion of the Court

SCHROEDER, Chief Judge:

This is an interlocutory appeal by criminal defendants challenging a requirement that pretrial detainees making their first appearance before a magistrate judge wear leg shackles. The district-wide shackling policy was implemented by the United States Marshals Service for the Central District of California after consultation with the magistrate judges. In each of these seventeen cases, a magistrate judge denied the Federal Public Defender’s motion for the defendant to appear without shackles at the initial appearance. The district court reviewed these adverse magistrate…

2Cases cited26 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. O'Shea v. LittletonSupreme Court of the United States · 1974
  4. Spencer v. KemnaSupreme Court of the United States · 1998
  5. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978

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3Cited by26 opinions

  1. Zink v. StateSupreme Court of Missouri · 2009
  2. United States v. GrafCourt of Appeals for the Ninth Circuit · 2010
  3. Blackie Alvarez v. Jean HillCourt of Appeals for the Ninth Circuit · 2012
  4. Shawn Stauffer v. Marna GearhartCourt of Appeals for the Fifth Circuit · 2014
  5. Milwaukee Police Ass'n v. Board of Fire & Police CommissionersCourt of Appeals for the Seventh Circuit · 2013

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