What evidence supports the claim that the jury was aware of the restraints placed on appellant during the penalty phase?

California, United States of America


The following excerpt is from People v. Coddington, 2 P.3d 1081, 23 Cal.4th 529, 97 Cal.Rptr.2d 528 (Cal. 2000):

Assuming that the restraint was unjustified, the record does not support the claim that the jury was aware of the restraints. Absent evidence that the jury was aware that appellant was restrained any error is harmless. (People v. Tuilaepa (1992) 4 Cal.4th 569, 583-584, 15 Cal. Rptr.2d 382, 842 P.2d 1142.) We will not assume solely on the basis of a statement by counsel made during penalty phase argument after months of trial and in the absence of any complaint by counsel during trial that the precautions taken to avoid prejudice to appellant were ineffective and that the jury was aware of, or influenced by, the restraint.

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