Whether the Deck test allows a trial judge to require a litigant to wear physical restraints during a jury trial without stating on the record the case-specific state interests or reasons justifying such restraints, as long as the judge concludes that the order is based on his or her independent judgment, as the Second and Fifth Circuits have held, or whether the trial court must instead enumerate the essential state interests justifying the restraints, as the Sixth Circuit, Ninth Circuit, and several state high courts have held.

Whether the Deck test allows a trial judge to require a litigant to wear physical restraints during a jury trial without stating specific case-related justifications on the record