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No. 8626911
United States Court of Appeals for the Ninth Circuit
Harrison v. Yarbourogh
No. 8626911 · Decided December 12, 2006
No. 8626911·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 12, 2006
Citation
No. 8626911
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** California state prisoner Wendell Harrison appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. Harrison contends that his constitutional rights were violated by the use of a stun-belt during trial. We conclude that the trial court properly determined that the use of the restraint was necessary and that Harrison has not shown that he was prejudiced by wearing the restraint. See Gonzalez v. Pliler, 341 F.3d 897, 903 (9th Cir.2003). Accordingly, the state court’s decision was not contrary to or an unreasonable application of clearly established federal law. See 28 U.S.C. § 2254 (d). Harrison’s request to broaden the certificate of appealability is denied. See 9th Cir. R. 22-l(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam). AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** California state prisoner Wendell Harrison appeals pro se from the district court’s judgment denying his 28 U.S.C.
Key Points
01MEMORANDUM ** California state prisoner Wendell Harrison appeals pro se from the district court’s judgment denying his 28 U.S.C.
02Harrison contends that his constitutional rights were violated by the use of a stun-belt during trial.
03We conclude that the trial court properly determined that the use of the restraint was necessary and that Harrison has not shown that he was prejudiced by wearing the restraint.
04Accordingly, the state court’s decision was not contrary to or an unreasonable application of clearly established federal law.
Frequently Asked Questions
MEMORANDUM ** California state prisoner Wendell Harrison appeals pro se from the district court’s judgment denying his 28 U.S.C.
FlawCheck shows no negative treatment for Harrison v. Yarbourogh in the current circuit citation data.
This case was decided on December 12, 2006.
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