Weldon v. GeorgiaAnnotate this Case
The Supreme Court granted a writ of certiorari to the Court of Appeals in this matter to determine if the appellate court properly addressed Brian Weldon’s claim that the trial court violated his Sixth Amendment right to a fair trial by ordering that he appear at trial wearing an electronic shock device as a security measure. Weldon was tried before a jury and convicted of twelve counts of armed robbery and other crimes. The trial court felt that it needed to make additional arrangements for security in this case based on Weldon's lack of cooperation with the Sheriff's Department and "his attitude." Weldon reiterated that he would not participate in the trial while wearing the shock sleeve, and the trial court informed him that the trial would then proceed in his absence. After a recess, Weldon agreed to wear the shock sleeve during the trial. The trial proceeded to jury selection; the shock sleeve was around Weldon’s arm and it was uncontroverted that at no time during the trial was the fact that he was wearing the device apparent to the jury. And, at no time during the proceedings did Weldon assert that the presence of the shock sleeve on his arm had an adverse effect on his ability to confer with counsel or his ability to focus on the trial. On those facts, the Supreme Court concluded the Court of Appeals did not err in finding Weldon's Sixth Amendment rights were not violated as a result of wearing the sleeve.