DECK v. MISSOURI

No. 04-5293.

544 U.S. 622 (2005)

DECK v. MISSOURI

Supreme Court of United States.

Decided May 23, 2005.


Attorney(s) appearing for the Case

Rosemary E. Percival argued the cause and filed briefs for petitioner.

Cheryl Caponegro Nield, Assistant Attorney General of Missouri, argued the cause for respondent. With her on the briefs were Jeremiah W. (Jay) Nixon, Attorney General, James R. Layton, State Solicitor, and Evan J. Buchheim, Assistant Attorney General.*

BREYER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, SOUTER, and GINSBURG, JJ., joined. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined, p. 635.


JUSTICE BREYER delivered the opinion of the Court.

We here consider whether shackling a convicted offender during the penalty phase of a capital case violates the Federal Constitution. We hold that the Constitution forbids the use of visible shackles during the penalty phase, as it forbids their use during the guilt phase, unless that use is "justified by an essential state interest" — such as the interest in courtroom security — specific to the...

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