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SENSELESS SHACKLING

At the Canadian border, United States Customs and Border Patrol officers searched Tara Haynes's rental vehicle and retrieved about 70,000 methamphetamine pills from the gas tank. Ultimately, this mother of two -- with no prior criminal history -- was convicted of one count of importation and one count of intent to distribute and sentenced to 188 months in prison.

Throughout her criminal trial, the Northern District Court of New York allowed U.S. Marshals to shackle Ms. Haynes while seated at the defense table. And on appeal, the Second Circuit Court of Appeals vacated the conviction because it was of the view her due process rights had been violated. Among other things, the trial judge was required to hold a hearing to determine whether the restraints were absolutely necessary (and did not do so). He also failed to conduct an inquiry into possible juror misconduct. And, finally, failed to give a "balanced, cautionary instruction" after the jury reported that it was deadlocked.

They sure marshaled that out.

To view a copy of the Second Circuit's decision, please use the following link: United States v. Haynes

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