John Wesley Peaslee v. Manfred Maass, Superintendent, Oregon State Penitentiary

24 F.3d 248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 93-35204. United States Court of Appeals, Ninth Circuit. Submitted Feb. 25, 1994. * Decided April 25, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 We remanded this habeas matter to the district court for an evidentiary hearing on petitioner's claim that the state court's decision to restrain him with leg shackles during trial violated constitutional due process. We noted that the evidence available to us was insufficient to demonstrate a compelling need for the shackling, but that an evidentiary hearing might reveal that the state trial court had reasons not apparent from the record to justify its decision. 3 On remand, the evidentiary hearing uncovered many additional facts, including an off-record proceeding just prior to trial, during which the state's…