Legal Opinion
Frederico Gonzalez v. Cheryl Pliler, Warden
Court of Appeals for the Ninth Circuit
Decided August 26, 2003No. 02-55640PublishedCited by 103 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
California prisoner Frederieo Gonzalez appeals the dismissal of his petition for a writ of habeas corpus, arguing that forcing him to wear a stun belt during his trial violated his right of due process. We conclude that an evidentiary hearing is required to resolve this claim and remand the case to the district court.
I
A stun belt is an electronic device that is secured around a prisoner’s waist. Powered by nine-volt batteries, the belt is connected to prongs attached to the wearer’s left kidney region. When activated remotely, “the belt delivers a 50,000-volt, three to…
2Cases cited27 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Teague v. LaneSupreme Court of the United States · 1989
- Illinois v. AllenSupreme Court of the United States · 1970
- Woodford v. VisciottiSupreme Court of the United States · 2002
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3Cited by103 opinions
- Jeffrey Welton Nunes v. G.A. Mueller, WardenCourt of Appeals for the Ninth Circuit · 2003
- State v. AdamsOhio Supreme Court · 2004
- Crittenden v. AyersCourt of Appeals for the Ninth Circuit · 2010
- Brandon Mobley v. State of TennesseeTennessee Supreme Court · 2013
- Greenway v. SchriroCourt of Appeals for the Ninth Circuit · 2011
98 more not listed; retrieve them via the Exa API.