holding that the admission of a videotaped interview of the defendant in an orange jumpsuit and handcuffs did not dilute the presumption of innocence in the same way as viewing the defendant in such attire throughout trial
How later courts described this case
- holding that the admission of a videotaped interview of the defendant in an orange jumpsuit and handcuffs did not dilute the presumption of innocence in the same way as viewing the defendant in such attire throughout trial
- finding prosecutor misstated the law when he declared that defendant would only serve 38 years on a life sentence
Written by the judges who cited it.
The opinion
LEWIS, VICE PRESIDING JUDGE, CONCURRING IN PART AND DISSENTING IN PART:
¶ 1 While I agree with affirming Appellant's conviction in this matter, I dissent to remanding this matter for resentencing. The opinion concludes, "The prosecutor's flagrant misconduct so infected the sentencing stage of Bramlett's trial that it was rendered fundamentally unfair." Considering this fundamental violation of Appellant's rights, I would modify his sentence to a life sentence.
¶ 2 As pointed out by the Appellant's counsel in his brief, until this Court reverses or modifies a sentence, prosecutors will see little incentive to change their ways. If the intention of remanding the matter for resentencing is to condemn the prosecutor's misconduct, it is my humble opinion that the better course would be to modify his sentence to life.