United States Seventh Circuit

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ROCHE v. DAVIS, 01-1664, 01-1665

Defense counsel's failure to take precautions to ensure that the jury could not see defendant's shackles during trial amounted to ineffective assistance, but the resulting verdict would not have been different based on "overwhelming" evidence; such failure at sentencing stage mandates a new sentencing hearing.

Appellate Information

  • Argued 01/29/2002
  • Decided 05/28/2002
  • Published 05/28/2002


  • KANNE, Circuit Judge., Before COFFEY, KANNE, and ROVNER, Circuit Judges.


  • United States Seventh Circuit


  • For Appellees:
  • Alan M. Freedman,Midwest Center for Justice, Chicago, IL, Marie F. Donnelly (argued), Virginia Capital Representation Resource Center, Richmond, VA, for Petitioner-Appellee., Thomas D. Perkins (argued), Office of Attorney General, Indianapolis, IN, for Respondent-Appellant.
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