Monthly Archives: December 2018

Shackled in Court

Image result for 5-point restraint shackles

In State v. Lundstrom, the WA Court of Appeals held that a trial court’s failure to state why a jailed defendant must wear shackles, handcuffs and other restraints to court violates a defendant’s due process rights.

BACKGROUND FACTS

The State charged Lundstrom with two counts of unlawful possession of a controlled
substance. At a pretrial hearing, Lundstrom appeared in restraints. Before the proceeding ended, defense counsel took exception to Mr. Lundstrom appearing in court with 5-point restraint shackles.

The trial court did not respond to defense counsel’s statement or concerns.

Lundstrom subsequently filed a motion objecting to the restraints and requesting removal of the shackles. The motion included a certified statement from defense counsel, which stated that he had made a public disclosure request with the Clallam County Sheriff’s Office (CCSO) for their policies and discovered that CCSO policy 15.106.1 required all inmates to be brought to court in full restraints (waist chain, cuffs, and leg irons) for their first appearance. There is no record showing whether Lundstrom noted the motion for hearing before the trial court, whether the trial court held a hearing on the motion, or whether the trial court ruled on the motion. Ultimately, however, Lundstrom pleaded guilty to two counts of unlawful possession of a controlled substance.

On appeal, Lundstrom argued that his pretrial restraint violated his due process rights because the trial court failed to make an individualized determination on the necessity of the restraints.

COURT’S ANALYSIS AND CONCLUSIONS

The Court of Appeals agreed with Mr. Lundstrom.

It reasoned that under the  WA Constitution, the accused shall have the right to appear and defend in person. That right includes the use of not only his mental but his physical faculties unfettered, and unless some impelling necessity demands the restraint of a prisoner to secure the safety of others and his own custody, the binding of the prisoner in irons is a plain violation of the constitutional guaranty.

Additionally, under State v. Damon, the Washington Supreme Court has long recognized that a prisoner is entitled to be brought into the presence of the court free from restraints.

“Restraints are disfavored because they may interfere with important constitutional rights, including the presumption of innocence, privilege of testifying in one’s own behalf, and right to consult with counsel during trial.”

“But a defendant’s right to be in court free from restraints is not limitless,” said the Court of Appeals. “The right may yield to courtroom safety, security, and decorum. A defendant may be restrained if necessary to prevent injury, disorderly conduct, or escape.”

Furthermore, the trial court abused its discretion and committed constitutional error when it failed to address the issue of Lundstrom’s pretrial restraint. By failing to do so and allowing Lundstrom to be restrained, the trial court failed to exercise its discretion and effectively deferred the decision to the jail’s policy. As a result, the trial court abused its discretion and committed constitutional error by failing to make an individualized inquiry into the necessity for pretrial restraints when Lundstrom took exception to the use of pretrial restraints. Therefore, Lundstrom’s due process rights were violated by his pretrial restraints.

Interestingly, Lundstrom was not trying to overturn his conviction or seek any other remedy due to the violation of his due process rights. He only wanted the Court of Appeals to address his claim as a matter of continuing and substantial public interest.

“Generally, we do not consider claims that are moot or present only abstract questions,” said the Court of Appeals. However, we have the discretion to decide an issue if the question is one of continuing and substantial public interest.”

My opinion? Good decision. It’s harsh to see defendants in handcuffs and chains. Indeed, it’s unconstitutional. And for the most part, shackling defendants at court hearings is unnecessary unless there’s reason to believe the defendant may escape or harm others.

Please contact my office if you, a friend or family member face criminal charges.

Was The House a Dwelling?

Image result for breaking and entering abandoned house

In State v. Hall, the WA Court of Appeals upheld a defendant’s criminal conviction for Residential Burglary despite his arguments that the house was not a dwelling.

BACKGROUND FACTS

In October 2014, Mr. Fredson moved his elderly mother Myrtle from her home to live near him because she had been having health problems. Myrtle had lived in the house since 1986, but by 2014 had difficulty managing her affairs.

Myrtle left furniture throughout the house, beds in each bedroom, appliances, clothes, and personal belongings in the home she moved away from. However, nobody lived in the house. After Myrtle went to live with her son Mr. Fredson, she visited the prior house once or twice a week.

Over time, unknown people broke windows and broke down doors in order to get inside
the house. Lloyd eventually boarded up the windows and secured the broken front door to keep people out. He also posted no trespassing and warning signs throughout the property.

On February 2, 2016, Mr. Fredson and Myrtle went to her home to check on it. Mr. Fredson suspected that someone was inside the house and called the sheriff. Officers responded and arrested the Defendant Mr. Hall as he came out of the house. Hall was carrying a backpack that contained items that Mr. Fredson and Myrtle identified as possessions that she had left in the house.

The State charged Mr. Hall with Residential Burglary, Third Degree Theft, and Making or Having Burglary Tools. A jury found him guilty of all three counts.

Mr. Hall appealed his residential burglary conviction. He argues that the evidence was insufficient to prove that the unoccupied house that he burglarized was a “dwelling,” as required to convict for Residential Burglary.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals reasoned that a person commits Residential Burglary “if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling.” A “dwelling” is legally defined as “any building or structure which is used or ordinarily used by a person for lodging.” Whether a building is a dwelling turns on all relevant factors and is generally a matter for the jury to decide.

Here, however, the Court ruled that the fact that nobody had leaved in a house for 15 months prior to the burglary, that the windows had been boarded up and the broken front door had been secured, and there was no evidence of a plan for someone to resume living in the residence at the time of the burglary, did not prevent the house from being a “dwelling.”

Other factors supported a finding that the house constituted a dwelling included that the house had been used for lodging for almost 30 years, the house had never been used for anything other than lodging, the house was fully furnished with furniture in every room and appliances, and the owner of the house left clothing and personal belongings in the house. Finally, the owner, who was forced to leave because of age-related health problems, continued to regard the house as her abode.

Consequently, the Court of Appeals upheld Mr. Hall’s conviction.

My opinion? These type of cases are tough to defend. People have difficulty justifying the intrusion of any home, regardless of whether anyone lived in the home or not. Years ago, I conducted a jury trial on a Burglary case involving similar facts. My Client was a scrapper who wandered upon a long-abandoned house. The house was extremely decrepit, its front door was removed and no furniture was in the house. Although the jury ultimately acquitted Client of Burglary, they nevertheless found him guilty of the lesser crime of Criminal Trespass First Degree, a gross misdemeanor. This was a victory under the circumstances. Did I mention these types of cases are tough to defend?

Please contact my office if you, a friend or family member are charged with a crime. It’s important to hire an assertive, experienced and effective attorney who knows the law.