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Lefevre v. Cain

In one of two issues, appellant argues that his Sixth Amendment right to self-representation was violated because his shackling destroyed the jury's perception that he was representing himself by requiring him to remain behind counsel table while the prosecutors were able to move freely about the courtroom. Appellant has presented no evidence that indicates that his inability to move freely around the courtroom destroyed the jury's perception that he was representing himself. 5th U.S. Circuit Court of Appeals, No. 08-31233, 10-26-2009

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Published opinion

Before GARWOOD, OWEN, and SOUTHWICK, Circuit Judges.

The State appeals a district court judgment granting David Lefevre’s petition for writ of habeas corpus. The district court found that Lefevre’s right to self-representation was violated because the leg shackles the court required him to wear during trial prevented him from attending bench conferences and moving freely about the courtroom during trial. The State argues that the shackles did not prevent Lefevre from preserving actual control of his case or destroy the jury’s perception that Lefevre was representing himself, and therefore Lefevre’s shackling did not violate his right to self-representation. We hold that Lefevre’s shackling did not violate his right to self-representation, reverse the district court’s judgment, and deny Lefevre’s petition for writ of habeas corpus.

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