Shackling
18 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6315 | Jasper Phillip Rushing v. Arizona | Arizona | 2025-12-08 | Pending | IFP | capital-punishment constitutional-claim due-process fundamental-error preservation-doctrine shackling | 1. Did the Arizona Supreme Court err in concluding that Mr. Rushing failed to preserve below? 2. If the claim was unpreserved, did the unjustified vi… |
| 23-7294 | Robert Cota, Jr. v. United States | Ninth Circuit | 2024-04-23 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling | Did the Ninth Circuit violate the constitutional guarantee of Due Process and 28 U.S.C. §2255(b) when denying Appellant an evidentiary hearing, despit… |
| 23-972 | Angela Germaine Spencer, By and Through Next Friend and Mother of A. S., a Minor v. Harrison County, Texas | Fifth Circuit | 2024-03-06 | Denied | Amici (1)Response RequestedRelisted (2) | children-in-court civil-procedure civil-rights detainee-rights detainees due-process fifth-circuit nonjury-proceedings shackling | Whether the indiscriminate shackling of detainees, particularly children, in nonjury proceedings violates the Due Process Clause. |
| 23-5803 | Robert K. Decker v. Edwin Baez, et al. | Seventh Circuit | 2023-10-16 | Denied | Response WaivedIFP | civil-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect federal-question shackling spoliation | Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and sh… |
| 22-5080 | Jacky Cardale Mayfield v. Oklahoma | Oklahoma | 2022-07-12 | Denied | IFP | confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony | P/ff^OSihovi Search ujarfarti ISSu-eJ f,tarCf w/lPPe-llosiJs Pham ujas Qf.ne.rd m toalufe cmal lheJe. far~t unlawful m UiolafhW o( 1h£ faurih AlyienAm… |
| 21-1053 | Randall Hepp, Warden v. Danny L. Wilber | Seventh Circuit | 2022-01-28 | Denied | aedpa-review criminal-procedure deck-v-missouri due-process federal-habeas habeas-corpus judicial-restraint jury-trial shackling state-conviction state-court-deference | During Danny Wilber's jury trial in 2005 for fatally shooting a man at a party, Wilber became increasingly belligerent with the Milwaukee County Circu… | |
| 21-6667 | Thomas Orville Bastian v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2021-12-20 | Denied | Response WaivedIFP | collateral-review constitutional-protections due-process fifth-amendment interrogation-rights procedural-default right-to-counsel shackling waiver-of-counsel | 1. State courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that it was Bastian who had initiated a … |
| 21-6486 | Gary Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-12-01 | Denied | IFP | 28-usc-2254 due-process habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias jury-prejudice shackling statutory-interpretation | 1. In Deck v. Missouri , 544 U.S. 622 (2005), this Court held that shackling a defendant in front of the jury is inherently prejudicial and violates d… |
| 21-6202 | Charles Gregory Clark v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2021-11-09 | Denied | IFP | capital-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan shackling shackling-claim specific-intent strickland-standard strickland-v-washington | The trial court required Charles Gregory Clark to be visibly restrained during his entire capital murder trial, without a hearing and making no requis… |
| 21-5889 | Anibal Alejandro Hernandez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-10-12 | Denied | IFP | closing-argument courtroom-security criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prejudicial-statements shackling trial-shackling | Was Petitioner denied the effective assistance of counsel when his trial counsel failed to object to Petitioner being ordered by the trial court to be… |
| 21-5329 | Omar Sharpe v. United States | Second Circuit | 2021-08-10 | Denied | Response WaivedIFP | constitutional-rights court-of-appeals courtroom-behavior criminal-trial district-court due-process illinois-v-allen shackling | Whether Petitioner's Due Process rights were violated when the Court of Appeals failed to remedy the District Court's improper shackling of Petitioner… |
| 21-5210 | Trojan Hart v. United States | Second Circuit | 2021-07-26 | Denied | Response WaivedIFP | criminal-procedure due-process evidentiary-restrictions jury-instructions right-to-counsel sentencing sentencing-review shackling | (1) Whether the district court erred when it shackled Hart and co-defendant Sharpe? (2) Whether the district court interfered with the right to couns… |
| 20-363 | Frederick R. Whatley v. Warden, Georgia Diagnostic and Classification Prison | Eleventh Circuit | 2020-09-17 | Denied | Amici (1)Relisted (12) | circuit-split federal-law habeas habeas-corpus holbrook-v-flynn ineffective-assistance ineffective-assistance-of-counsel prejudice shackling strickland-standard strickland-v-washington | Does a state court unreasonably apply federal law when, in determining whether a person suffered prejudice as a result of ineffective assistance of co… |
| 19-8022 | Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. | Ninth Circuit | 2020-03-19 | Denied | IFP | burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment | 1. When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is it the defendant who bea… |
| 19-5351 | Johnny Lee Johnson v. William Sperfslage | Eighth Circuit | 2019-07-26 | Denied | Response RequestedRelisted (2)IFP | due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error-review shackling sixth-amendment | WHETHER THE DUE PROCESS PROVISIONS OF THE FIFTH AND SIXTH AMENDMENTS REQUIRE A PLAIN ERROR REVIEW WHEN A DEFENDANT IS SHACKLED IN VIEW OF A JURY OR IF… |
| 18-9559 | Aracelis N. Ayala v. United States | Third Circuit | 2019-06-05 | Denied | Response WaivedIFP | article-iii-judges civil-rights criminal-defendants criminal-procedure district-court due-process fifth-amendment individualized-determination judicial-tenure presumption revised-organic-act shackling shackling-policy virgin-islands-court | The first question presented is: whether a blanket policy of shackling criminal defendants without an individualized determination of need violates du… |
| 18-9558 | Oladimeji Ayelotan v. United States | Fifth Circuit | 2019-06-05 | Denied | Response WaivedIFP | 8th-amendment conspiracy constitutional-rights criminal-procedure due-process eighth-amendment jury-selection sentencing shackling | Whether the United States Court of Appeals for the Fifth Circuit erred by allowing Petitioner to be shackled in the courtroom during his trial; allowi… |
| 18-8869 | Jesse Davenport, aka Draco John Flama v. United States | Ninth Circuit | 2019-04-17 | Denied | Response WaivedIFP | child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence | 1. Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an "error" under the plain error t… |