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RUIMVELD v. BIRKETT

No. 04-1826.

404 F.3d 1006 (2005)

Chad RUIMVELD, Petitioner-Appellee, v. Thomas BIRKETT, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Janet A. Van Cleve, Office of the Attorney General, Lansing, Michigan, for Appellant. J. Philip Calabrese, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellee. ON BRIEF: Janet A. Van Cleve, Office of the Attorney General, Lansing, Michigan, for Appellant. J. Philip Calabrese, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellee.

Before: SILER, COLE, and CLAY, Circuit Judges.

COLE, J., delivered the opinion of the court, in which CLAY, J., joined. SILER, J. (pp. 1018-19), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

Petitioner-Appellee Chad Ruimveld was charged with poisoning a prison guard while he was an inmate at a Michigan prison. During his trial, which took place at a special courtroom inside the prison, Ruimveld was shackled in view of the jury, despite the fact that he did not pose any...

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