Does a defendant have a constitutional right to be shackled before a jury?

Absent compelling circumstances, a criminal defendant has a constitutional right to appear before a jury free of shackles. See Spain v. Rushen, 883 F.2d 712, 716, 720 (9th Cir.1989), cert. denied, 495 U.S. 910 (1990). To succeed on a claim of unconstitutional shackling, however, a defendant must show that the shackling "had substantial and injurious effect or influence in determining the jury's verdict." Rhoden v. Rowland, 10 F.3d 1457, 1460 (9th Cir.1993) (internal quotations omitted). "Of course, if the jurors never saw [the defendant's] shackles, then he cannot show prejudice." Id.