French v. State

778 N.E.2d 816, 2002 Ind. LEXIS 891, 2002 WL 31648355
Indiana Supreme Court·Decided November 22, 2002·No. 03S00-9911-CR-661·Published·Cited by 246 cases

Opinions

BOEHM, Justice.

In this consolidated appeal, Roman Lamont French challenges both his conviction for cocaine dealing and the denial of post-conviction relief. We hold: (1) French was not denied due process when he appeared, without objection, wearing jail garb in front of a new jury during the habitual offender proceeding; (2) although it is error to require a defendant to appear in jail garb at a habitual offender proceeding, it does not require reversal where no objection was raised; (3) the evidence at the habitual offender proceeding was sufficient to identify French as the person convicted of prior crimes; (4) the trial court did not commit fundamental error when it failed to instruct the jury that it was not required to accept a judicially noticed fact; (5) the evidence enhancing French’s conviction to a Class A felony was sufficient; (6) he was not denied the effective assistance of counsel; and (7) the cumulative errors of his attorneys did not substantially damage his defense.

Factual and Procedural Background

On February 23, 1998, a confidential informant purchased .24 grams of cocaine from French for $100. French was chárged with dealing in cocaine, a Class A felony, and two months later was charged with being a habitual offender. A jury found French guilty of dealing in cocaine. That jury was dismissed and a new jury was impaneled to hear the habitual offender charge a month later.1 The second jury [820] found French to be a habitual offender. The trial court then sentenced French to thirty years for the underlying offense and enhanced his sentence by an additional thirty years as a habitual offender. French appealed and also initiated a post-conviction relief proceeding. This Court suspended consideration of the direct appeal and remanded the matter to the trial court for consideration of the issues raised in his post-conviction petition. This consolidated appeal seeks review of both the underlying conviction and the denial of post-conviction relief.

I. Appearing in Jail Garb at the Habitual Offender Trial

French appeared in full jail garb with handcuffs, shackles, and orange jail clothing at the habitual offender phase of the trial conducted before a new jury a month after the trial of the underlying charge. French contends that this violated his constitutional right to due process.

A. The Restraints and Shackles

In Evans v. State, 571 N.E.2d 1231, 1238 (Ind.1991), this Court concluded that a defendant has the right to appear in front of a jury without physical restraints, unless restraints are necessary to prevent the defendant’s escape, to protect those present in the courtroom, or to maintain order during the trial. We have held that “the facts and reasoning supporting the trial judge’s determination that restraints are necessary must be placed on the record.” Wrinkles v. State, 749 N.E.2d 1179, 1193 (Ind.2001) (quoting Coates v. State, 487 N.E.2d 167, 169 (Ind.Ct.App.1985)). “An order to restrain the defendant is reviewed for an abuse of discretion.” Forte v. State, 759 N.E.2d 206, 208 (Ind. 2001).

In a sidebar with attorneys for both the State and defense present, the trial court explained its action as follows:

At the conclusion of the previous trial in this case, it is my understanding that there was a significant physical altercation between Mr. French and one or more law enforcement officers.2 I have instructed the law enforcement officers to secure French’s ... I think it’s his right hand. I think he’s left handed ... so that he is able to write. But he also has ankle irons or leg irons, whatever they call them. [Defense counsel], you have an objection to that?

His counsel objected only to the arm constraint because “it could be seen by the jury.” The trial court overruled the objection “based upon the altercation that happened as the jury was leaving the courtroom during the last proceeding.”

The trial court complied with the requirements of law by stating, on the record, facts and reasoning supporting its determination that restraints were necessary. Based on the reasons given by the trial court, we cannot say that the trial court abused its discretion in having the defendant handcuffed and shackled.

[821] B. Jail Clothing

At his habitual offender proceeding, French appeared in bright orange "clothing with the word “jail” on the back. The United States Supreme Court has held that a defendant cannot be compelled to appear before a jury in identifiable prison clothing because this may impair the presumption of innocence. Estelle v. Williams, 425 U.S. 501, 502-05, 96 S.Ct. 1691, 48 L.Ed.2d 126 (1976). French argues that requiring him to wear prison clothes during the habitual offender phase of his trial in front of a separate jury violated his right to due process.

French made no objection to the jail garb. The failure to object to being tried in prison clothes negates the compulsion necessary to establish a constitutional violation. Id. at 512-13, 96 S.Ct. 1691. Although it is not a denial of due process if a defendant appears in jail garb without objection, we agree that the same reasons requiring an appearance in street clothes at trial also apply in a supplemental proceeding before a jury such as the habitual offender phase. Accordingly, if a defendant objects, it is error to require the defendant to appear in jail garb at the habitual offender phase. Here, however, there was no objection and the issue is not preserved.

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French v. State, 778 N.E.2d 816, 2002 Ind. LEXIS 891, 2002 WL 31648355 (Ind. 2002).

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