Byers v. Basinger

Dist. Ct. did not err in denying defendant's habeas petition challenging his murder conviction on grounds that his trial counsel was ineffective for failing to address certain outbursts from spectators, who claimed that defendant was guilty of charged offense, or to object to defendant wearing ankle restraints during trial. Defendant failed to preserve for review restraint issue by failing to raise it in appeal from state-court denial of his post-conviction petition. Moreover, defendant failed to establish any prejudice as to spectator outbursts where record failed to identify substance of outbursts and where each juror told trial court that outbursts did not affect his or ability to render fair verdict.