Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, February 17, 2006
No New Trial For Defendant Told To Hide Cross He Was Wearing
In State v. Byrd, (Feb. 14, 2006), the Minnesota Court of Appeals rejected Carnell Byrd's claim that he is entitled to a new trial on robbery and gun possession charges. At his trial, Byrd appeared wearing a cross. The trial judge told him that he could decide whether the cross would remain visible or be concealed under his shirt and that, if he chose to leave it visible, he was entitled to a hearing on the matter. Byrd, without speaking, placed the cross under his shirt and did not refer to it again. The appellate court held that since Byrd was not ordered, but instead chose, to wear his cross inside his shirt, his rights were not infringed. The court added, even if he had been ordered to conceal the cross it would not entitle him to a new trial.