IN THE FIFTIETH JUDICIAL DISTRICT, PARISH OF PEINE DE MORT
STATE OF LOUISIANA
No. _____

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STATE OF LOUISIANA, Plaintiff
v.
JOHN CLIENT, Defendant

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MOTION TO ALLOW ACCUSED TO APPEAR AT PRETRIAL HEARINGS
AND TRIAL IN CIVILIAN CLOTHES, FOR FUNDS TO PURCHASE CLOTHES

COMES NOW, JOHN CLIENT, by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, and Article 1, Sections 2, 3, 5, 13, 14, 16, 17, 19, 20, 22, and 24 of the Louisiana Constitution to vindicate his right to appear in civilian clothes. In support of his motion, Mr. CLIENT states as follows:
1. This is a capital case. Mr. CLIENT, an indigent, faces the death penalty.
2. Mr. CLIENT asks that this Court issue an order directing the sheriff to allow him access to his civilian clothes before he comes to Court so that he may appear in them.
3. The United States Supreme Court has explicitly held that "the State cannot, consistently with the Fourteenth Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison clothes . . . ." Estelle v. Williams, 425 U.S. 501, 512, 96 S. Ct. 1691, 48 L. Ed. 2d 126 (1976). In so holding, the Court noted that the rule against forcing defendants to wear prison garb "is a recognition that the constant reminder of the accused's condition implicit in such distinctive, identifiable attire may affect a juror's judgment." Id. at 504-05.
4. Moreover, the Court stated that "compelling an accused to wear jail clothing furthers no essential state policy," id. at 506, and specifically rejected the "convenience of jail administrators as a possible justification for this practice." Id.
5. The practice of making Mr. CLIENT appear in jumpsuits is demeaning to a person who is supposed to be clothed with the presumption of innocence. Accordingly, requiring Mr. CLIENT to appear at pretrial hearings or at trial in prisoner's clothing will violate his right to a fair trial, fair and impartial jury, and a fair, reliable and objective determination of punishment without furthering any permissible state interest. To protect these rights this Court should enter an order allowing Mr. CLIENT to appear to all future hearings in civilian clothes.
5. Mr. CLIENT is indigent and currently has no access to decent civilian clothes. It is anticipated that this trial will last upwards of three weeks. Mr. CLIENT cannot be expected to wear the same clothes every day, and counsel cannot be expected to wash them for him, or make arrangements to do so, every day.
6. Therefore, Mr. CLIENT will require at least two suits and four shirts, in addition to a tie and some shoes. The approximate cost of such attire will be three hundred dollars ($300.00).
WHEREFORE, Mr. CLIENT prays for an order directing the sheriff to allow him to wear the civilian clothing provided to him by counsel during all court appearances, and for three hundred dollars ($300.00) for counsel to secure such clothes.
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