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United States Sixth Circuit


Mendoza v. Berghuis, 07-1115

Denial of a petition for a writ of habeas corpus from a conviction for assault with intent to commit murder, malicious destruction of property, carrying a concealed weapon, and possession of a firearm during the commission of a felony is affirmed over a claim that shackles restraining defendant during trial (but invisible to the jury) violated his constitutional rights because the jury likely knew he was wearing them.

Appellate Information

  • Decided 10/15/2008
  • Published 10/15/2008

Judges

  • Before: GILMAN, KETHLEDGE, and ALARCÓN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Mary Cole Mertz, Squire, Sanders & Dempsey, Columbus, Ohio, for Appellant.  Andrew L. Shirvell, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Mary Cole Mertz, Squire, Sanders & Dempsey, Columbus, Ohio, for Appellant.  Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.   Antonio Mendoza, Lapeer, Michigan, pro se.
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