United States Seventh Circuit

In a capital murder prosecution of defendant, district court's grant of habeas relief in ruling that defendant had been denied effective assistance of counsel during both the guilt and penalty phases of the trial, because his counsel had failed to object to the state's making him wear a stun belt in the courtroom, is reversed and remanded where: 1) defendant failed to carry his burden of proving prejudice, even on the premise that his counsel should have objected to the stun belt; and 2) the question of prejudice from defendant's having been required to wear the stun belt at the penalty hearing requires further consideration of the district court on remand.

Appellate Information

• Argued 07/15/2010
• Decided 08/26/2010
• Published 08/26/2010

Judges

• POSNER

Court

• United States Seventh Circuit

Counsel