Wilber v. Hepp

Dist. Ct. did nor err in granting defendant’s habeas petition that challenged his murder conviction on ground that Wisconsin trial court violated his due process rights, where defendant was visibly shackled in front of jury during closing arguments. Although defendant was involved in negative verbal exchanges with trial court and sheriff deputies, such that decision to restrain defendant was appropriate, neither trial court, nor Wisconsin Appellate Court articulated reason why defendant had to be visibly restrained in front of jury. Moreover, instant shackling decision was prejudicial to defendant, where State highlighted evidence that in moments leading up to murder, defendant’s behavior was “wild,” “crazy,” “possessed,” and “out of control,” since restraints would have suggested to jury that court itself perceived defendant to be incapable of self-control and posed such danger that defendant must be manacled in order to protect others in courtroom, including jurors.