California Court of Appeal

Conviction for assault with a deadly weapon by a person serving a life term and attempted murder is reversed and remanded for retrial where: 1) the trial court abused its discretion by denying defendant's motion to be unshackled during trial as the record does not show defendant's violence, threat of violence, or other nonconforming conduct, and it cannot be said beyond a reasonable doubt that the restraints placed on defendant had no prejudicial effect on his ability to participate at trial or the jury's perception of him; and 2) the evidence was insufficient to support his conviction for assault with a deadly weapon by a person serving a life term.

Appellate Information

• Decided 07/15/2009
• Published 07/15/2009

Judges

• PREMO, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown Jr., Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, David M. Baskind, Deputy Attorney General, for Plaintiff/Respondent, The People., Under appointment by the Court of Appeal, William M. Robinson, San Francisco, for Defendant/Appellant, Thomas Miller.