State v Turner :: 143 Wn2d 715
Category: Due Process
Sometimes we can carry due process and the presumption of innocence too far. The Appellate Court reversed the conviction of Sergio Turner because he was required to wear restraints during trial without a formal evidentiary hearing regarding the restraints. Turner was on trial for two counts of first degree kidnapping and attempted first degree murder among other charges. During the trial and prior court hearings he was verbally and physically abusive to witnesses, law enforcement officials, his defense attorney and the judge. He beat up a retarded person in the elevator on the way to his first hearing. In such cases, is it the intent of our Constitution to shackle our justice system, or shackle those violent to society?
The Supreme Court held support for “the trial court’s exercise of its discretion,” even absent a formal hearing. “Turner has presented no persuasive arguments for reversal on other grounds.” [At 730]. Unanimously, the Supreme Court rejected the technical matters and ruled on the obvious and reinstated Turner’s conviction.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Bridge, Bobbe | |
| pass | Chambers, Tom | |
| pass | Cozza, Salvatore | |
| pass | Ireland, Faith | |
| pass | Johnson, Charles | |
| pass | Korsmo, Kevin | |
| pass | Madsen, Barbara | |
| pass | Owens, Susan | |
| pass | Sanders, Richard | |
| pass | Smith, Charles | |
| pass | Tucker, Steven | |
| fail | Gasch, David | |
| fail | Kurtz, Frank | |
| fail | Schultheis, John |