Post-Conviction Justice Project wins release for shackled defendant

The 9th U.S. Circuit Court of Appeals affirmed a district court decision in favor of a Post-Conviction Justice Project client last week, finding that Rhonda Dyas was unconstitutionally shackled during her murder trial and that the shackling likely prejudiced the jury against her.

Dyas had served 11 years of a 29-year sentence for first-degree murder. Dyas’ husband and another man carried out the murder; Dyas was convicted for abetting the murder by preventing another person from entering the room while the murder took place.

During her trial, Dyas wore leg shackles. Although her attorney asked the court to remove the shackles, the judge determined that the jury could not see the shackles and said he preferred defendants in such cases to wear restraints. PCJP filed a habeas petition for Dyas and, in an evidentiary hearing last year, showed that at least one member of the jury had indeed seen Dyas wearing shackles during the trial. The U.S. District Court overturned Dyas’ conviction, and last week’s 9th Circuit ruling affirmed that decision.

USC Clinical Professor Carrie Hempel supervised Brandon Liebman ’03 on the appeal.

“We are very pleased with the outcome of this case, although it wasn’t unexpected, given 9th Circuit law,” Hempel told the Daily Journal on Tuesday. Hempel is hoping to reach a settlement with the district attorney’s office in San Diego so that Dyas can avoid a retrial. Dyas has been free on bail since the court granted habeas relief, pending her appeal.

Previous 9th Circuit rulings found such shackling unconstitutional because it indicates that there is a need to “separate the defendant from the community at large,” which creates an inherent risk of prejudicing a jury against a defendant.