Ward
Ward v. Giurbino
Opinion
Lead Opinion
MEMORANDUM *
The facts and procedural history of the case are known to the parties, and we do not repeat them here. Harry Anthony Ward presents two certified issues and one uncertified issue in his appeal of the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus.
I. Certified Issue: Whether the Use of Physical Restraints at Trial Violated Petitioner’s Right to Due Process
The use of physical restraints on a criminal defendant during trial is an “inherently prejudicial practice” that “should be permitted only where justified by an essential state interest specific to each trial.” Holbrook v. Flynn, 475 U.S. 560, 568-69 , 106 S.Ct. 1340 , 89 L.Ed.2d 525 (1986). As the California Court of Appeal found, no essential state interest justified the use of a “stealth belt” to restrain Ward where he had no history of violence or disruptive behavior while in custody, he had previously been tried unrestrained before the same court without incident, and he had not made any threat to disrupt court proceedings. We agree with the Court of Appeal that use of the stealth belt violated Ward’s right to due process.