How have courts dealt with the issue of visible restraints at sentencing hearings?

In Duckett v. Godinez, 67 F.3d 734, 747-49 (9th Cir.1995), we followed procedures similar to those we followed here. We recognized that visible restraints, in that case during a jury sentencing hearing, would likely have prejudiced the defendant, but remanded for an evidentiary hearing on prejudice. After remand, we affirmed the district court's finding that the restraints were not visible and the error harmless. See Duckett v. Godinez, 109 F.3d 533 (9th Cir.1997). Here, because the district court found the jury did see the shackles, and because this case involves violent crimes and the evidence was disputed, we believe that the trial court's error substantially influenced the jury's verdict.