Tag Archives: Courtroom Security


Courtroom Restraint of Defendant May Create “Racialized Presumption of Dangerousness and Guilt”
June 28th, 2022

Ervine Davenport was shackled without case-specific justification at his murder trial in state court in Kalamazoo, Michigan. The Michigan Supreme Court found a violation of Deck v. Missouri (2005) 544 U.S. 622 and remanded for an evidentiary hearing on prejudice under Chapman v. California (1967) 386 U.S. 18.   “On remand, the trial court conducted […]


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Improper to Withhold Juror Names from Counsel Absent Actual Risk to the Jurors
September 25th, 2021

In People v. Lopez (2021) 65 Cal.App.5th 484 the judge withheld from the attorneys the names of prospective jurors, identifying them only by their badge number, out of a concern the attorneys or a member of the public or press would obtain additional information about the jurors or contact them. Lopez objected, and the court […]


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Limitations on Selection of an Anonymous Jury and Access to Juror Names
September 24th, 2021

People v. Lopez (June 14, 2021, B305783) 65 Cal.App.5th 484 affirmed the rule allowing the selection of an anonymous jury but recognized important limitations on such a practice. First, while Code of Civil Procedure § 237 requires juror identifying information to be sealed after the jury returns its verdict, § 237 “does not authorize sealing of […]


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Limitations on Selection of an Anonymous Jury and Access to Juror Names
September 14th, 2021

People v. Lopez (June 14, 2021, B305783) 65 Cal.App.5th 484 affirmed the rule allowing the selection of an anonymous jury but recognized important limitations on such a practice. First, while Code of Civil Procedure § 237 requires juror identifying information to be sealed after the jury returns its verdict, § 237 “does not authorize sealing of […]


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Juror Anonymity: Jury Must Be Assured That Reasons for Anonymity Are NOT Related to Security
August 12th, 2021

The empanelment of an anonymous jury is allowed only where (1) there are strong grounds for concluding that it is necessary to ensure juror protection and (2) reasonable safeguards are adopted by the trial court to minimize any risk of infringement upon the fundamental rights of the accused. (People v. Thomas  (2012) 53 Cal.4th 771, […]


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