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eBook details

• Title: Union Central Life Insurance Company V.
• Author : Supreme Court of Minnesota
• Release Date : January 22, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

In November 1996, appellant Peter James Shoen was found guilty of first-degree premeditated murder in violation of Minn. Stat. § 609.185(1) (1998) for killing his wife. On his first appeal to this court, we determined that the district court erred when it ordered Shoen to wear a leg restraint throughout trial without making appropriate findings to support its decision. See State v. Shoen (Shoen I), 578 N.W.2d 708, 714-15 (Minn. 1998). Concluding that the record was insufficient to indicate whether the jury had seen or was prejudiced by Shoens restraint, we remanded the case for a Schwartz hearing. See id. at 715-16. After conducting two Schwartz hearings, in which 11 of the original 12 jurors testified, the district court concluded that the guilty verdict was "surely unattributable" to Shoens restraint and, therefore, the erroneous restraint of Shoen was harmless. We affirm.

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