Monday, August 08, 2016

U.S. v. Sanchez-Gomez (9th Cir. - Aug. 5, 2016)

Down here in San Diego, in federal court, we put pretty much everyone in full-body shackles.  Even at arraignment.  Sure, a federal judge can order 'em off if s/he wants to, but the ordinary rule is that you get shackled.  Regardless of your dangerousness (or lack thereof).

Almost exactly a year ago, the Ninth Circuit unanimously held that on the record presented, that policy was unconstitutional.

But not so fast.  The Ninth Circuit now takes the case en banc.

So we'll see soon enough if uniform shackling persists in San Diego.