State v. Brooks, 960 S.W.2d 479 (1997)

Citation: State v. Brooks, 960 S.W.2d 479 (1997)
Parent Document: State v. Brooks, 960 S.W.2d 479 (1997)
Jurisdiction: Missouri (state)
Effective Date: 1997-12-23
Original Source: https://www.courtlistener.com/opinion/2427881/state-v-brooks/ ↗

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Following the reading of the guilty verdicts on all four counts into the record, and shortly before the jury was dismissed for the day, defense counsel approached the bench. He noted that while the verdicts were being read, the deputies had caused appellant to stand, handcuffed him, then caused him to sit again in his chair, in full view of the jury. Counsel requested a mistrial with regard to the punishment phase. The trial court acknowledged that the deputies had done as counsel stated, but denied appellant’s request for a mistrial. The following day counsel repeated his request for a mistrial, although he acknowledged that he had learned that the procedures conducted by the deputies constituted their standard operating procedure after the rendering of a guilty verdict. Counsel stated that he understood that neither the trial court nor the state was responsible for the bailiffs’ conduct. In response, the trial court noted that the incident had occurred in a matter of seconds and further noted that the verdict had been returned before the handcuffing took place. The trial court found no prejudice and denied appellant’s second motion for a mistrial.

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