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Stephenson v. Wilson, 09-2924

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By FindLaw Staff on August 26, 2010 6:22 PM

Stephenson v. Wilson, 09-2924, concerned a challenge to the district court's grant of defendant's request for habeas relief in ruling that defendant had been denied effective assistance of counsel during both the guilt and penalty phases of the trial, because his counsel had failed to object to the state's making him wear a stun belt in the courtroom, in a capital murder prosecution of defendant.

 

In reversing the district court's judgment, the court remanded the matter as, the defendant failed to carry his burden of proving prejudice, even on the premise that his counsel should have objected to the stun belt.  Further, the question of prejudice from defendant's having been required to wear the stun belt at the penalty hearing requires further consideration of the district court on remand.

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