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Subject: Re: Medical Policy Update


Author:
Fair Trial?
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Date Posted: 07:06:22 09/23/11 Fri
In reply to: Matt Brewington 's message, "Medical Policy Update" on 13:52:21 09/22/11 Thu

1. Prison attire – qualified right not to appear in
Defendant cannot be compelled to stand trial before jury “while dressed in identifiable prison clothes.” However, failure to make objection to being tried in jail clothes negates the presence of compulsion necessary to establish a constitutional violation. Estelle v. Williams, 425 U.S. 501, 96 S.Ct. 1691, 48 L.Ed.2d 126 (1976) HN 5.

He also has a right to appear in front of the jury without shackles, cuffs, etc.

Motion has to be filed to get the street clothes, but the judge has to approve once filed.

QUESTION- What if Brewington's lawyer fails to file the motion? Does Brewington have to show up at court in the orange and protest in front of the jury?

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