State v. Jason L. Miller, 2011 WI App 34; for Miller: Shelley Fite, SPD, Madison Appellate; case activity; Miller BiC; State Resp.; Reply If the stun belt (or other restraint) isn’t visible to the jury, the trial court need not consider its necessity before requiring that the defendant wear it during trial. “Because there is… Read more
L. Restraints on defendant
John M. Stephenson v. Levenhagen, 7th Cir No. 09-2924, 08/26/2010 7th Cir decision; petition for rehearing denied 1/14/11, 3 dissents from denial of en banc review Habeas – Effective Assistance – Stun Belt Counsel’s failure to object to placement of stun belt on Stephenson during trial was held by the state court to be deficient: accepting… Read more
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Once it became aware that the jail administrator was requiring that the defendant wear an armband taser device during the jury trial, the court, “the trial court had an affirmative, sua sponte duty to inquire… Read more
