2008 MT 143
STATE OF MONTANA, v.
JOHN MICHAEL MERRILL,
Plaintiff and Appellee,
Did the District Court abuse its discretion in violation of Merrill’s right to due process of law by granting a request from a law enforcement officer to restrain Merrill with leg shackles during his jury trial?
We hold that the District Court abused its discretion in violation of Merrill’s right to due process of law by granting a request from a law enforcement officer to restrain Merrill with leg shackles during his jury trial.
Reversed and remanded for a new trial.
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- Odor of alchohol not probable cause
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