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Weldon v. State

The trial court did not deprive the defendant of his Sixth Amendment right to a fair trial when it required him to wear an electronic security device under his clothing during the trial.

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This Court granted a writ of certiorari to the Court of Appeals in Weldon v. State, 327 Ga. App. 862 761 SE2d 421 2014, to determine if that Court properly addressed Brian Eugene Weldon’s claim that the trial court violated his Sixth Amendment right to a fair trial by ordering that he appear at trial wearing an electronic shock device as a security measure. Finding that the Court of Appeals did not err, we affirm that Court’s judgment.

Weldon was tried before a jury and convicted of twelve counts of armed robbery and other crimes. Shortly after Weldon’s case was called for trial, his counsel informed the court that Weldon “indicated this morning that he doesn’t feel comfortable going forward to trial,” and that this mindset was related to “defenses that he would have, given the facts of this case.” The court reviewed the history of the case, and indicated the trial would go forward. Then, as noted in the opinion of the Court of Appeals,

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