Thomas Morgan v. B.J. Bunnell, Warden Attorney General of California

Thomas Morgan was convicted for the murder of Carol May and the attempted murder of Emmerson DeVine, a couple he had met through his girlfriend, Beverly Todd. After exhausting state remedies, Morgan filed a habeas petition in federal district court. We review the district court’s denial of the petition de novo. Brown v. Borg, 951 F.2d 1011, 1014 (9th Cir.1991).

I

Morgan argues that he was denied due process because he was shackled during trial. While criminal defendants normally are entitled to appear before the jury free of shackles, “a trial judge’s decision to shackle a defendant is not per se unconstitutional.” Spain v. Rushen, 883 F.2d 712, 716 (9th Cir.1989). We review a decision to shackle for abuse of discretion. Id. at 716 .

Our eases, however, channel the exercise of that discretion. “First the court must be persuaded by compelling circumstances ‘that some measure was needed to maintain the security of the courtroom.’ Second, the court must ‘pursue less restrictive alternatives before imposing physical restraints.’” Jones v. Meyer, 899 F.2d 883, 885 (9th Cir. 1990) (quoting Spain, 883 F.2d at 720-21 ) (citations omitted); see United States v. Baker, 10 F.3d 1374, 1401…