In Woodards v. Cardwell (C.A. 6, 1970), 430 F.2d 978, 981-982, the Ohio Supreme Court affirmed a conviction, finding no error in the trial judge's deference to the sheriff on whether to unshackle the defendant. The Sixth Circuit granted the defendant's subsequent federal habeus petition solely because judicial discretion was not exercised: "The state trial judge did not exercise his judicial discretion but rather deferred to the wishes of the sheriff who, at the commencement of the trial, requested that the restraints be retained." 430 F.2d at 982.