CRIMINAL PRACTICE | Justices to mull shackling during trial

On Oct. 18, the U.S. Supreme Court agreed to hear another capital murder case ( Deck v. Missouri ) and denied certiorari to a number of other cases.

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The U.S. Supreme Court agreed to hear one case on Oct. 18. The justices accepted another capital murder case. They will decide whether it was an error to force Carman Deck to proceed through the penalty phase of his double-murder trial while shackled and handcuffed to a belly chain, and, if so, whether the burden was on the state to show that the error was harmless or on Deck to show that he was prejudiced. The Missouri Supreme Court said that the restraints were necessary in light of Deck’s possible flight risk, and that Deck did not show that the jury was aware of the restraints or that he was harmed by the action. Deck v. Missouri, No. 04-5293. Among the cases the justices denied certiorari on Oct. 18 were the following: Lewis v. Ohio, No. 04-207. The justices let stand an Ohio Supreme Court ruling that forced a lawyer to reveal what a deceased client told her about a 9-year-old girl’s disappearance, saying that permission from the client’s widower was enough to waive attorney-client privilege. Jackson v. Perry, No. 03-1391; American GI Forum of Texas v. Perry, No. 03-1396; Congresswoman Sheila Jackson Lee v. Perry, No. 03-1399; Travis County v. Perry, No. 03-1400; and Henderson v. Perry, No. 03-9644. The justices told a Texas federal court to review a redrawing of Texas’ congressional districts. Democrats say the new lines were drawn to defeat Democratic lawmakers by giving them thousands of Republican constituents. South Dakota v. Cummings, No. 04-74. The justices let stand a South Dakota Supreme Court ruling that said that a Fall River County deputy sheriff had no authority to pursue a tribal member onto the Pine Ridge Indian Reservation after noticing an apparent traffic violation outside the reservation. Tucker v. United States, No. 04-83. The justices refused to consider whether former Arkansas Governor Jim Guy Tucker was wrongly barred from raising new arguments in challenging his 1998 conviction for tax conspiracy. Bernardo v. Planned Parenthood, No. 04-69. The justices let stand California Supreme Court’s dismissal of a suit by three California women who say that Planned Parenthood withholds information linking abortions to breast cancer. Ayers v. Thompson, No. 03-10623. The justices refused to hear an appeal of a Mississippi college desegregation suit, thereby ensuring that the state can now enforce a $503 million settlement designed to correct past neglect of three historically black universities: Jackson State, Mississippi Valley State and Alcorn State.

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