State v. Finch

(dissenting) — I respectfully dissent from the majority opinion on the issue of Finch’s restraint by the trial court. The majority essentially negates our decision in State v. Hutchinson, 135 Wn.2d 863, 887-88, 959 P.2d 1061 (1998), cert. denied, 525 U.S. 1157 (1999), and ignores the trial court’s findings of fact on the restraint questions we specially remanded to the trial court to decide.

Our decisions on in-court restraint of a defendant during *873trial are clear. The defendant’s right to a fair trial under the Sixth and Fourteenth Amendments to the United States Constitution is violated if…