People v. Owens

Defendant was found guilty after a jury trial of home invasion, residential burglary, and unlawful possession of a stolen motor vehicle. Defendant appealed arguing that it was plain error when he was placed in restraints during cross-examination. The appellate court found that the trial court abused its discretion because it did not hold the mandatory Boose hearing prior to placing defendant in restraints. However, the court found that defendant did not meet his burden of proving that the error affected the fairness of the trial or impeded the integrity of the judicial process and affirmed defendant’s conviction. (HAUPTMAN and HOLDRIDGE, concurring)