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Criminal procedure — Due process — Prison attire at trial

A jury sitting in the Circuit Court for Washington County convicted Charles B. McNeal, the appellant, of robbery, conspiracy to commit robbery, theft under $10,000, conspiracy to commit theft under $10,000, second degree assault, and fourth degree burglary. The court sentenced the appellant to a term of 14 years’ incarceration for robbery; a consecutive two-year term for conspiracy to commit robbery; a consecutive two-year term for second degree assault; and a consecutive four-year term, two years suspended, for fourth degree burglary. The convictions for theft and conspiracy to commit theft merged for purposes of sentencing.

The appellant appeals, presenting two questions, which we have rephrased slightly: I. Did the trial court err by permitting the appellant to appear before the jury on the first day of trial dressed in prison attire? II. Did the trial court err by denying the appellant’s motion to suppress evidence stored in digital format that he listened to and viewed nine days before trial or, in the alternative, did the court err by not granting the appellant a continuance?

Read the opinion here: