Martin v. Commonwealth

Melvin Wayne Martin was convicted in a jury trial of attempted unlawful wounding of a police officer following a high speed chase. During much of his trial, Martin was bound and gagged by order of the trial judge due to repeated vocal disruptions of the trial. Martin contends that the trial court abused its discretion when it ordered him bound and gagged without first resorting to less drastic measures. We hold that, on the facts as shown in the record before us, the order to bind and gag the defendant was an abuse of discretion; therefore, we reverse.

An automobile chase resulted when Martin…