[Download] "State v. Russ" by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Russ
- Author : Supreme Court of Wyoming
- Release Date : January 21, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1 This case concerns a deaf person, Jeremy D. Russ, who was shackled during his plea and sentencing hearing and claims that his restraints substantially impeded his ability to communicate by sign language. But such a bare allegation is not borne out by the record. Despite an invitation by the court to let it know if any communication problems ensued, he never expressed any difficulty. Moreover, at the post-conviction hearing, he never called his interpreters to the stand, never called his trial attorney, and did not take the stand himself. Rather, he merely called an expert in sign language to testify that, generally speaking, shackles can inhibit sign language communication. That will not do. Russ had the burden to show that he in fact was unable to communicate, not that he theoretically might have had such difficulty. The burden is on him, not the State, to prove a communication lapse. He has failed to meet his burden. We affirm on this issue as well as on a sentencing discretion issue.