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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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Following a jury trial, Brian Eugene Weldon was convicted of twelve counts of armed robbery,1 aggravated assault,2 and giving a false name to a law enforcement officer.3 He appeals the denial of his subsequent motion for new trial, arguing that he was deprived of his Sixth Amendment right to a fair trial by the trial court’s requirement that he wear an electronic security device under his clothing during the trial. Weldon also challenges the sufficiency of the evidence. We affirm, for the reasons that follow.

Viewed in favor of the verdict,4 the record shows that on March 5, 2007, Weldon and two other men rushed into the China Star restaurant in Lawrenceville where Jian Guo, Long Zhang, and Zhi Chen were working. Weldon and at least one of the other men pointed guns at the employees and demanded money, and Weldon struck Guo in the back of the head with a handgun. The men fled after taking money from the employees. Guo identified Weldon at trial, and Zhang identified Weldon in a photographic lineup.

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