Maus v. Baker, No. 13-2420 (7th Cir. 2014)
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An inmate challenged his conviction, alleging that he was made to wear visible shackles at trial. The Seventh Circuit reversed and remanded for a new trial, reasoning that the “sight of a shackled litigant is apt to make jurors think they’re dealing with a mad dog.” There was no indication that other methods of security or concealment would have been infeasible or that the inmate is so violent that he had to be manacled at all. His handcuffs were removed, without incident, when he testified. The “curative instruction” that the judge failed to give would not have eliminated the prejudice arising from the visible manacles, the prison uniforms, and the guards’ uniforms.
This opinion or order relates to an opinion or order originally issued on September 5, 2013.
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