Frank M. Gaito, C-7482 v. Joseph R. Brierley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “defendant may not remain silent and willingly go to trial in prison garb and thereafter claim error” as “[t]his would constitute a voluntary waiver” (internal quotations omitted)
• accepting majority view that \compelling a defendant to appear before a jury in his prison clothes unconstitutionally infringes his due process right to be presumed innocent\
• accepting majority view that “compelling a defendant to appear before a jury in his prison clothes unconstitutionally infringes his due process right to be presumed innocent”
• “[A]ccept[ing, fifty years ago,] the majority view that compelling a defendant to appear before a jury in his prison clothes unconstitutionally infringes his due process right to be presumed innocent until proven guilty.”
• “[A] prisoner may want to appear in prison garb as part of a trial strategy designed to evoke jury sympathy.”
• work shoes were portion of uniform that, although unmarked, was identifiable as prison garb

Source: CourtListener parenthetical corpus (CC0).