Right to a Public trial #2

2010-01-21T07:41:00.000-08:00

This may seem like strange timing, but just as the Massachusetts Supreme Judicial court ruled that court rooms must be open to the public (see below ) , the US Supreme Court has also ruled the same way in the case of Presley v. Georgia. The courtroom must be open to the public, even in the jury selection phase of the trial (the jury voir dire). In the Presley case, his lawyer also objected but was turned down. The appeals court and Supreme court of Georgia but denied Presley's requested for a new trial. The US Supreme court overruled them both and granted a new trial. So, even though its rare for a court room to be closed off, it does happen, and when it does the defendant's rights have been violated and he/she has a right to a new trial.. A news article summed it up this way :

All portions of a criminal trial must be open to the public, including selection of the jury, the US Supreme Court ruled on Tuesday.

In an unusual summary order, the high court ruled 7 to 2 in favor of a convicted cocaine trafficker who claimed that his right to a public trial was violated when a judge in Georgia barred members of the public from the courtroom during jury selection.

At the time, there was only one observer in the courtroom – defendant Eric Presley’s uncle. Mr. Presley’s lawyer objected to excluding members of the public. But the judge said there wasn’t enough room in the courtroom for the 42 prospective jurors as well as public observers.
The judge expressed concern that prospective jurors might say something that could be overheard by the public.

In answer to the lawyer's objection, the judge said he had discretion to exclude the public from jury selection.

A state appeals court and the Georgia Supreme Court agreed with the judge.

On Tuesday, the US Supreme Court said they were wrong. The court agreed to take up the case and then decided it without requesting additional briefing and oral argument.
The unsigned eight-page opinion says that a 1984 Supreme Court opinion established a First Amendment right of the public and press to attend a trial, including jury selection. The high court also ruled in 1984 that the Sixth Amendment guarantee of a public trial also extends to pretrial hearings.

What the court had never declared until Tuesday is that the Sixth Amendment – not just the First Amendment – guarantees that jury selection is part of the public portion of a trial.
“Trial courts are obligated to take every reasonable measure to accommodate public attendance at criminal trials,” the court declared. “Nothing in the record shows that the trial court could not have accommodated the public at Presley’s trial.”

Justices Clarence Thomas and Antonin Scalia filed a dissent. Writing for the two, Justice Thomas said he would not decide the issue in a summary order without the benefit of further briefing and oral argument.

“Today’s decision belittles the efforts of our judicial colleagues who have struggled with these issues,” he wrote.

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Right to a Public Trial...

2010-01-07T18:50:00.000-08:00

In the recent case of COMMONWEALTH vs. David M. COHEN (No. 1). No. SJC-10486. September 9, 2009. - January 7, 2010. the Supreme Judicial Court of Massachusetts rule that a person is entitled to a public trial, even at the jury selection phase of the trail... This was a case about a Stoughton Police officer (who was also an attorney) who was charged with using his badge to attempt to collect a debt that was owed to a friend. He was charged with a number of things, including attempted extortion, filing a false police report and witness intimidation. The problem arose when the judge had the court room closed during the jury selection process. It appears his friends and supporters wanted in, but the court officers closed the court room and would not let anyone from the public in... The court ruled this was a violation of both the sixth and first amendments of the United States Constitution.

The court stated "The First Amendment implicitly grants the public, including the press, a right of access to court trials. Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 604-606 (1982). The Sixth Amendment expressly grants criminal defendants the right to a public trial. Waller v. Georgia, 467 U.S. 39, 46 (1984) (Waller ).

Here the court ruled his rights were violated and as a result a new trial was ordered. One unusual aspect of this case (at least I thought was unusual) was the fact that the defense lawyer asked for a mistrial numerous times concerning the closed court room. Every time the defense attorney's request was denied. I see a lot of cases where the defense counsel didn't object to some aspect of a case and the SJC then uses a lower standard to grant a new trail. Here the defense lawyer repeatedly asked for a mistrial and in the end, was proven correct. Now its back to square one for this case.

You can visit my web site for more information www.pfbull.com

Mass Law Blog

Right to a Public trial #2

Right to a Public Trial...