State v. Posey, 233 N.C.App. 723, 757 S.E.2d 369 (May. 6, 2014)

The trial court did not abuse its discretion by requiring the defendant to wear restraints at trial. The defendant, who was charged with murder and other crimes, objected to having to wear a knee brace at trial. The brace was not visible to the jury and made no noise. At a hearing on the issue, a deputy testified that it was “standard operating procedure” to put a murder defendant “in some sort of restraint” whenever he or she was out of the sheriff’s custody. Additionally, the trial court considered the defendant’s past convictions and his five failures to appear, which it found showed “some failure to comply with the [c]ourt orders[.]” The trial court also considered a pending assault charge that arose while the defendant was in custody.