John Wesley Peaslee v. Manfred (Fred) Maass, Superintendent

972 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Wesley PEASLEE, Petitioner-Appellant, v. Manfred (Fred) MAASS, Superintendent, Respondent-Appellee. No. 91-35136. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1992. Decided Aug. 19, 1992. MEMORANDUM * Before TANG, FERGUSON and DAVID R. THOMPSON, Circuit Judges. 1 Petitioner John Wesley Peaslee appeals the decision granting summary judgment in favor of respondent and dismissing Peaslee's habeas corpus petition. Peaslee alleges, inter alia, that the trial court abused its discretion in permitting his shackling and that the court's imposition of a higher sentence following a successful direct appeal was vindictive. We reverse and remand for an evidentiary hearing on the shackling claim and otherwise affirm. DISCUSSION 2 We have jurisdiction pursuant to 28 U.S.C. § 2253 . The decision whether to grant or deny a petition for habeas corpus is reviewed de novo. Norris v. Risley, 878 F.2d…