August 2020 Bar Bulletin
State of Washington v. John W. Jackson Sr.
In Washington v. Jackson, Judge Whitener writes that the Court has held that shackling or restraining a Defendant requires that at all stages of the proceedings the court must make an individualized inquiry into the necessity of the shackles or restraints. In addition, that shackling or restraining a defendant without an individualized determination of necessity violates the constitutional rights of the Defendant and it is the burden of the State to show that such an error is harmless to defend on appeal.
“In June 2017, the State charged Jackson with assault in the second degree, domestic...