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E. Restraint of defendant

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

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Habeas – Effective Assistance – Stun Belt

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

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