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993 So. 2d 1209

State ex rel. Lee. v. State

Supreme Court of Louisiana

Decided November 10, 2008

Supreme Court of Louisiana · decided 2008-11-10

Relies on State v. Washington · 562 So. 2d 455 - State v. Spellman · 368 So. 2d 961 - State v. Brown

Decided 2008-11-10

JOHNSON, J.,

¶1granting the writ application and assigning reasons.

¶2LThe jurisprudence is well established that a presumption of prejudice arises when a defendant is made to appear before a jury dressed in prison garb. State v. Spellman, 562 So.2d 455, 456 (La.1990), and State v. Brown, 368 So.2d 961, 963 (La.1979). A defendant’s presumption of innocence is inherently impaired when the accused is compelled to appear before a jury in clothing identifiable as prison issued, and the defense counsel’s failure to object clearly brings into question the issue of ineffective assistance of counsel. State v. Washington, 491 So.2d 1337, 1339 (La.1986). Considering the jurisprudence on point, the fact that the defendant’s appearance in prison garb was not orchestrated by the defendant or his counsel, and defense counsel’s failure to object to defendant’s appearance before a jury in prison clothes, the writ application should be granted.

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