Duke Law School

Program in Public Law

Deck v. Missouri

Deck was convicted of two counts of first-degree murder and four other charges and sentenced to death in Missouri state court. His convictions and sentences were affirmed on direct appeal and then remanded for a new sentencing trial after Deck sought post-conviction relief. On retrial, the jury again recommended a death sentence. Deck appealed, claiming that the trial court abused its discretion in denying Deck's motion to appear in court free from restraint. The Missouri Supreme Court denied the appeal, finding that Deck was a potential flight risk and that he did not demonstrate that being kept in restraints prejudiced him.

Question Presented:
Are the Fifth, Sixth, Eighth, and Fourteenth Amendments violated by forcing a capital defendant to proceed through penalty phase while shackled and handcuffed to a belly chain in full view of the jury, and if so, doesn't the burden fall on the state to show that the error was harmless beyond a reasonable doubt, rather than on the defendant to show that he was prejudiced?

Decision under Review

Supreme Court Opinion