Alexander Stewart v. Robert Corbin

I. INTRODUCTION

This is an appeal from a judgment of the United States District Court for the District of Arizona denying appellant’s petition for a writ of habeas corpus. The writ was sought on the grounds that the shackling and gagging of appellant during his jury trial for armed robbery in state court violated his right to due process of law as guaranteed by the United States Constitution.

We hold that under the circumstances presented in this case, appellant’s federally guaranteed constitutional rights were not violated. Furthermore, we hold that certain other claims of appellant do not present federal questions or were not presented to the district court and thus were not preserved for review by this court.

AFFIRMED.

II. THE ROBBERY

A. Prosecution’s Rendition

The jury heard the following evidence regarding the robbery: On July 18, 1980, Steven Levine was working as a night auditor at the Howard Johnson’s Motor Lodge in Tempe, Arizona. Mr. Levine called the police when he noticed a suspicious car in the parking lot at approximately 3:00 a.m. Shortly thereafter, two males walked in. One of the two males, who was subsequently identified by Mr. Levine as appellant, was…