ISC Oral Argument Tomorrow: John W. Miller v. State

9:45 A.M, tomorrow, Thursday, August 28th. The live link (RealPlayer) will be up a few minutes earlier.

This is a shackling case involving a voluntary manslaughter conviction. John Pinnow is arguing it for Miller. John is great.

Joby Jerrels is the DAG on the case. I haven't seen any of his arguments.

Here's the court's blurb on the case:

The LaPorte Circuit Court ordered that Miller be placed in restraints during his trial and the Court of Appeals affirmed in an unpublished memorandum decision, Miller v. State, No. 46A04-0612-CR-696 (Ind. Ct. App. Apr. 15, 2008). Miller has petitioned the Supreme Court to accept jurisdiction over the appeal.

I would be willing to bet that the recent 7th Circuit opinion in Wrinkles v. Buss, No. 05-2747 (7th Cir. 8/12/08) plays a part in the argument. Wrinkles is a death case out of Indiana. Three to two, the 7th affirmed the denial of habeas relief on a shackling claim. Judge Rovner's dissent is compelling. And, in any event, the Indiana Supreme Court's shackling opinion from 2001 only just escaped, thanks to some fancy footwork by Judge Kanne that I find merely a tortured reading of Justice Rucker's opinion.