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HIGHTOWER v. STATE

No. 47267.

154 P.3d 639 (2007)

Dennis Lydell HIGHTOWER, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

April 5, 2007.

Attorney(s) appearing for the Case

Amesbury & Schutt and John P. Parris, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, and James Tufteland, Chief Deputy District Attorney, Clark County, for Respondent.

Before GIBBONS, DOUGLAS and CHERRY, JJ.

OPINION

DOUGLAS, J.

Appellant Dennis Lydell Hightower argues that the district court erred in denying his request to allow an incarcerated defense witness to appear at trial in civilian clothing. We agree and conclude that, absent unusual circumstances, incarcerated witnesses should not be compelled to appear at trial in the distinctive attire of a prisoner. While the district court erred by compelling a defense witness to testify while clad in jail...

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