HOTEL, MOTEL & CLUB EMPLOYEES UNION LOCAL 6

v.

SHULTZ, SECRETARY OF LABOR

Citator

Cited By

• McCOY v. State, 503 So. 2d 371 (Fla. 5th DCA 1987)
  …case that the jury was aware of McCoy’s shackling. The use of shackles to restrain a defendant at trial should rarely be employed as a security device. Illinois v. Allen, 397 U.S. 337, 344, 90 S.Ct. 1057, 1061, 25 L.Ed.2d 353 (1970), reh’g denied, 398 U.S. 915, 90 S.Ct. 1684, 26 L.Ed.2d 80 (1970). “[Restraints may confuse the defendant, impair his ability to confer with counsel, and significantly affect the trial strategy he,chooses to follow.” Zygadlo v. Wainwrigfit, 720 F. 2d 1221, 1223 (11th Cir. 1983)…
• Blanco v. State, 603 So. 2d 132 (Fla. 3d DCA 1992)
  …e defendant’s presumption of innocence. Diaz v. [*133] State, 513 So. 2d 1045, 1046 (Fla.1987), cert. denied, 484 U.S. 1079, 108 S.Ct. 1061, 98 L.Ed.2d 1022 (1988) (citing Illinois v. Allen, 397 U.S. 337, 90 S.Ct. 1057, 25 L.Ed.2d 353, reh’g denied, 398 U.S. 915, 90 S.Ct. 1684, 26 L.Ed.2d 80 (1970); Dufour v. State, 495 So. 2d 154 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987)). In the instant case, the record discloses that the defendant had told corrections officers that…
• United States v. Peterson, 524 F.2d 167 (4th Cir. 1975)
  …, 223 U.S. at 458, 32 S.Ct. at 255. . Government of Virgin Islands v. Brown, supra, 507 F. 2d at 189-90; United States v. Tortora, supra, 464 F. 2d at 1209. Cf. Illinois v. Allen (1970) 397 U.S. 337, 342, 90 S.Ct. 1057, 25 L.Ed.2d 353, reh. denied, 398 U.S. 915, 90 S.Ct. 1684, 26 L.Ed.2d 80 (1970). . Of course, a waiver of the right to be present under Rule 43 must be knowing and voluntary. But “[T]he right at issue is the [*185] right to be present,” not the right to have the trial proceed only in the de…