State v. Rickett
Annotate this CaseDefendant was charged with aggravated kidnapping, burglary, intimidation and escape. During the ensuing jury trial, Defendant appeared wearing a security leg brace. Defendant requested that the sheriff’s deputies remove his brace, but the district court denied the request, concluding that the leg brace was concealed enough that it did not prejudice Defendant. The jury found Defendant guilty of aggravated kidnapping, intimidation, and escape. The district court sentenced Defendant to forty years’ imprisonment. The Supreme Court affirmed the district court’s denial of Defendant’s request to order sheriff’s deputies to remove the security brace from Defendant’s leg during trial, holding that the district court abused its discretion by failing to apply the test set forth in State v. Herrick before denying Defendant’s request to remove his leg brace, but the error was harmless.
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