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Deck v. Missouri

Docket No.: 04-5293
Certiorari Granted: Oct 18 2004
Argued: March 1, 2005
Decided: May 23, 2005

Topics:

Due Process, Due Process, Miscellaneous, Bill of Rights, Due Process, Eighth Amendment, Establishment Clause, First Amendment, Fourteenth Amendment, Free Exercise, Trial by Jury, capital murder, harmless error, murder

PartyNames: Carman L. Deck v. Missouri
Petitioner: Carman L. Deck
Respondent: Missouri

Court Below: Supreme Court of Missouri
Citation: 136 SW3d 481
Supreme Court Docket

Carman L. Deck
v.
Missouri
544 U.S. 622 (2005)
Question Presented:

Are the Fifth, Sixth, Eighth, and Fourteenth Amendments violated by forcing a capital defendant to proceed through penalty phase while shackled and handcuffed to a belly chain in full view of the jury, and if so, doesn't the burden fall on the state to show that the error was harmless beyond a reasonable doubt, rather than on the defendant to show that he was prejudiced?

Question:

Does shackling a convicted offender during the penalty phase of a capital case violate the due process clauses of the Fifth and 14th Amendment?

Deck v. Missouri
ORAL ARGUMENT

March 1, 2005

Holding: reversed and remanded
Decision: Decision: 7 votes for Deck, 2 vote(s) against
Vote: 7-2
Opinion By:
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