 Thomas stated, “in recent years, more of a consensus regarding the use of shackling has developed, with many courts concluding that shackling is inherently prejudicial.But rather than being firmly grounded in deeply rooted principles, that consensus stems from a series of ill-considered dicta…the current consensus that the court describes is one of its own making.It depends almost exclusively on the dicta in the Courts’ opinions in Holbrook, Estelle and Allen.” In Deck's case, Thomas believes that due process does not “place limits” on shackling because there is a difference between an accused man and a convicted man.