Legal Opinion · Concurrence

Larsen v. Nooth

Court of Appeals of Oregon

Decided June 20, 2018No. A162167Published

1ConcurrenceJames, J.

A Lincoln County grand jury charged petitioner with a multitude of serious felonies. For two weeks in January 2011, petitioner was tried before a jury on those charges. Throughout that trial, petitioner was shackled. Not in old fashioned chains or irons, but by wearing under his clothing a "Band-It," an electro-shock restraint device, commonly, though somewhat inaccurately, referred to as a stun belt. The decision to shackle petitioner throughout trial did not come following a hearing, at which the state would have presented evidence of petitioner's particular safety risk, or his history of…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Estelle v. WilliamsSupreme Court of the United States · 1976
  4. Holbrook v. FlynnSupreme Court of the United States · 1986
  5. Deck v. MissouriSupreme Court of the United States · 2005

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