Congressional Digest

Supreme Court Debates November 2006 No. 8 Vol. 9
Thomas L. Carey

Prejudicial Displays in Court

Button-Wearing and the Right to a Fair Trial

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Thomas L. Carey

Petitioner

Gregory A. Ott, Counsel of Record On November 1, 1994, Mathew G. Musladin was convicted of murdering his estranged wife’s fiancé, Tom Studer. On appeal, Musladin contended that two-inch buttons bearing a photograph of Studer, worn by the victim’s family in the courtroom during Musladin’s trial, unconstitutionally prejudiced the jury against him. After the California Court of Appeal upheld his conviction and the State Supreme Court refused to consider the case, Musladin appealed to Federal district court, naming the warden of his prison, Anthony Lamarque, as the respondent (Lamarque was later replaced as warden by Thomas L. Carey). Under the…

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