Legal Opinion

Lefevre v. Cain

Court of Appeals for the Fifth Circuit

Decided October 27, 2009No. 08-31233PublishedCited by 14 opinions

1Opinion of the Court

OWEN, Circuit Judge:

The State appeals a district court judgment granting David Lefevre’s petition for writ of habeas corpus. The district court found that Lefevre’s right to self-representation was violated because the leg shackles the court required him to wear during trial prevented him from attending bench conferences and moving freely about the courtroom during trial. The State argues that the shackles did not prevent Lefevre from preserving actual control of his case or destroy the jury’s perception that Lefevre was representing himself, and therefore Lefevre’s shackling did not violate…

2Cases cited12 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. McKaskle v. WigginsSupreme Court of the United States · 1984
  3. Deck v. MissouriSupreme Court of the United States · 2005
  4. Frantz v. HazeyCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. David Bruce McDermott IICourt of Appeals for the Tenth Circuit · 1995

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. United States v. Benjamin Stanley, Rufus Paul HarrisCourt of Appeals for the Eleventh Circuit · 2014
  2. United States v. LongCourt of Appeals for the Fifth Circuit · 2010
  3. United States v. IsaacCourt of Appeals for the Third Circuit · 2011
  4. Woodfox v. FotiCourt of Appeals for the Fifth Circuit · 2010
  5. Woodfox v. FotiCourt of Appeals for the Fifth Circuit · 2010

9 more not listed; retrieve them via the Exa API.

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