Criminal: BARBOUR V. COM. (SC 8/24/2006)

BARBOUR V. COM.
CRIMINAL:  Sentencing
2004-SC-000917-MR.pdf
TO BE PUBLISHED
AFFIRMING; ROACH
DATE RENDERED 8/24/2006

SC affirmed Defendant’s conviction for PFO 2nd following retrial.  SC refused to consider Defendant’s alleged objection to the exclusion of mitigation evidence as grounds for reversing Defendant’s conviction when the exclusion was prompted by his own motion and was not properly preserved by any subsequent objection.  Given the circumstances of the remanded PFO proceeding and the overwhelming evidence of guilt, SC held that requiring Defendant to remain in shackles was harmless error, and did not affect his substantial rights.