County District Court File No. 27-CR-14-25709
Swanson, Attorney General, St. Paul, Minnesota; and Michael
O. Freeman, Hennepin County Attorney, Linda M. Freyer,
Assistant County Attorney, Minneapolis, Minnesota (for
Cathryn Middlebrook, Chief Appellate Public Defender, Anders
J. Erickson, Assistant Public Defender, St. Paul, Minnesota
Considered and decided by Kirk, Presiding Judge; Rodenberg,
Judge; and Florey, Judge.
the district court has offered an in-custody defendant the
opportunity to wear street clothes at his trial, and the
defendant appears at his court trial in jail clothes without
objection or explanation on the record, the defendant's
constitutional rights have not been violated.
was convicted of third-degree burglary following a court
trial. He argues that he is entitled to a new trial because
his appearance in jail clothes during trial violated his
due-process right to a fair trial under the Fourteenth
Amendment to the United States Constitution and violated
Minnesota Rule of Criminal Procedure 26.03, subdivision 2(b).
was charged with third-degree burglary after he was
discovered in a restricted area of a Macy's store placing
merchandise for which he had not paid in a garbage bag. The
day before his trial was scheduled to begin, the district
court told appellant that he would "have to be out of
[his] jail clothes" during the scheduled jury trial. The
next day, appellant waived his right to a jury trial.
case was tried to the court the following day. Without
objection or explanation on the record, appellant appeared at
trial wearing identifiable jail clothes. Following the
presentation of evidence and on review of written arguments
by the parties, the district court found appellant guilty of
reversible error for the district court to permit appellant
to wear ...