Supreme Court Allows Review in Nelson v. Cain

On January 16, 2025, the Oregon Supreme Court allowed review in Nelson v. Cain, 334 Or App 326, 556 P3d 1 (2024), rev allowed, 373 Or 212 (2025). The Court of Appeals acknowledged that it is a violation of both the state and federal constitutions for a criminal defendant to be viewed by jurors while shackled in a courtroom without any finding that the criminal defendant was dangerous or posed an escape risk. The court also acknowledged that Mr. Nelson had in fact been seen by three jurors in the hallway of the courthouse while he was in prison clothing, manacled and shackled. However, the court denied to find any violation based on its conclusion that the fact the jurors viewed Mr. Nelson in the hallway and not the courtroom distinguished his case from all of the cases that had come before. The Oregon Supreme Court allowed review to decide whether, among other things, there is a meaningful difference between being viewed in a hallway by jurors while shackled and being viewed by those same jurors in the courtroom. See Oregon Supreme Court Media Release for January 16, 2025. Jason Weber represents Mr. Nelson on appeal. Oral argument is scheduled for June 5, 2025.