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263 Ga. 629

436 S.E.2d 645

93 FultonCountyD.Rep. 4359

Kitchen v. State

Supreme Court of Georgia

Decided December 2, 1993

Supreme Court of Georgia · decided 1993-12-02

Good law ✅— No negative treatment on recordhow we know

Decided 1993-12-02

How this case has been cited

Cited by 19 later decisions — most recently May 2023

19 state decisions

1101993200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sears-Collins, Justice,

¶1concurring.

¶2I write separately to bring to the attention of the bench and bar the standards regarding restraint of defendants which have been set *631forth by the American Bar Association, and to urge compliance with those standards. Specifically,

Decided December 2, 1993.William R. Folsom, for appellant.H. Lamar Cole, District Attorney, Bradfield M. Shealy, Assistant District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Matthew P. Stone, Staff Attorney, for appellee.
[defendants and witnesses should not be subjected to physical restraint while in court unless the trial judge has found such restraint reasonably necessary to maintain order. If the trial judge orders such restraint, the trial judge should enter into the record of the case the reasons therefor. Whenever physical restraint of a defendant or witness occurs in the presence of jurors trying the case, the judge should instruct those jurors that such restraint is not to be considered in assessing the proof and determining guilt.

¶33 ABA Standards for Criminal Justice, § 15-3.1 (c) (2d ed. 1980).

¶4Although the trial court did not state on the record his reasons for ordering restraints or instruct the jury regarding consideration of the restraints, however, I must agree with the majority that no reversible error was committed under Georgia law.

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