Stephenson v. Wilson
619 F.3d 664
| 7th Cir. | 2011Background
- Stephenson was tried in Indiana state court for a triple murder with a death-penalty verdict.
- Stephenson wore a stun belt during the guilt phase and penalty phase without an individualized finding of need.
- The stun belt was worn under clothing but produced a visible bulge observed by jurors.
- Stephenson’s trial counsel did not object to the stun belt or seek a hearing on its necessity.
- Indiana Supreme Court found no Strickland prejudice based on defense counsel’s failure to object; the Seventh Circuit panel denied rehearing en banc.
- The district court later remanded; the majority denied rehearing, while the dissent would grant relief for due-process prejudice and order a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to object to the stun belt violated Strickland | Stephenson | Wilson | Yes; prejudicial under Strickland |
| Whether a visible stun belt is inherently prejudicial to due process | Stephenson | Wilson | Yes; inherently prejudicial |
| Whether the restraint likely affected the guilt verdict and thus the prejudice prong | Stephenson | Wilson | Yes; probable impact on verdict |
| Whether the Indiana Supreme Court’s prejudice analysis was objectively unreasonable | Stephenson | Wilson | Yes; must apply exacting standard for prejudice |
Key Cases Cited
- Deck v. Missouri, 544 U.S. 622 (U.S. 2005) (visible restraints prejudicial unless justified by specific trial circumstances)
- Holbrook v. Flynn, 475 U.S. 560 (U.S. 1986) (guards alone not inherently prejudicial; restraints are different)
- Allen v. U.S., 397 U.S. 337 (U.S. 1970) (restraints are last resort in court; must be justified by essential state interest)
- Wrinkles v. Buss, 537 F.3d 804 (7th Cir. 2008) (majority view that visible stun belts are prejudicial; some dissenters disagree)
- Roche v. Davis, 291 F.3d 473 (7th Cir. 2002) (presence of restraints can prejudice the defendant; not easily quantified by transcripts)
- Murray v. Carrier, 477 U.S. 478 (U.S. 1986) (Strickland prejudice can be established by deficient representation; focus on outcome)