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RHODEN v. ROWLAND

No. 96-56421.

154 F.3d 1034 (1998)

Lawtis Donald RHODEN, Petitioner-Appellant, v. James ROWLAND; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1998.

Attorney(s) appearing for the Case

Gary L. Anderson, University of Tennessee Legal Clinic, Knoxville, Tennessee for the petitioner-appellant.

Dennis P. Riordan, Riordan & Rosenthal, San Francisco, California, for petitioner-appellant.

Robert David Breton, Steven D. Matthews, Deputy Attorneys General, Los Angeles, California, for respondents-appellees.

Before: LAY, GOODWIN, and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge

The issue before the court is whether a prisoner is entitled to habeas corpus relief when he has demonstrated that he was shackled during the entire course of his trial, in violation of his constitutional rights, and the shackles were visible from the jury box.

Appellant Lawtis Donald Rhoden was convicted in state court of one count of rape, in violation of Cal.Penal Code § 261(2); one...

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