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Deck v. Missouri

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


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
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?


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

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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Deck v. Missouri
Case Documents

1Opinion in Deck v. Missouri
2Opinion in Deck v. Missouri
3Slip Opinion in Deck v. Missouri (Opinion by )
Additional documents for this case are pending review.