Legal Opinion

People v. Buchanan

New York Court of Appeals

Decided June 30, 2009PublishedCited by 49 opinions

1Opinion of the Court

*3OPINION OF THE COURT

2Per curiam

We hold that a stun belt may not be used to restrain a defendant in a criminal case without a finding of specific facts justifying the use of such a restraint.

I

Defendant was charged with the murder, by strangulation, of a 14-year-old girl. After jury selection and before opening statements, the trial judge said “it is my policy in cases of this nature, this degree of seriousness, to have the defendant either in leg shackles, which I don’t like to do, or the belt that can deliver a shock should there be a problem.” Addressing defendant directly, the court added: “I do…

3Cases cited2 opinions

  1. Deck v. MissouriSupreme Court of the United States · 2005
  2. People v. BuchananAppellate Division of the Supreme Court of the State of New York · 2008

4Cited by49 opinions

  1. People v. CruzNew York Court of Appeals · 2011
  2. People v. CookeNew York Court of Appeals · 2015
  3. People v. SchrockAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2016
  5. State v. GuzekOregon Supreme Court · 2015

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