waller v. georgia
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Divided Colorado Supreme Court: Criminal trial livestreams not enough to satisfy public trial right
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A slim majority of the Colorado Supreme Court decided on Monday that livestreaming criminal proceedings without also opening the physical courtroom to spectators may violate the constitutional guarantee of a public trial. Addressing an issue that arose during the early COVID-19 pandemic, the justices considered whether it was acceptable for trial judges to restrict their…
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Alamosa County judge violated public trial right, prompting reversal of convictions
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An Alamosa County judge closed his physical courtroom to the public without documenting his reasons for doing so, prompting Colorado’s second-highest court on Thursday to reverse the defendant’s convictions and order a new trial. In reaching its decision, a three-member panel of the Court of Appeals pointed to a recent ruling from the appellate court that recognized…
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Alamosa County judge violated public trial right, prompting reversal of convictions
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An Alamosa County judge closed his physical courtroom to the public without documenting his reasons for doing so, prompting Colorado’s second-highest court on Thursday to reverse the defendant’s convictions and order a new trial. In reaching its decision, a three-member panel of the Court of Appeals pointed to a recent ruling from the appellate court that recognized…
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Appeals court says trial judges may retroactively justify excluding public from courtrooms
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In a move that potentially tees up the question for the state Supreme Court to resolve, Colorado’s second-highest court on Thursday ruled that judges who exclude members of the public from trial on questionable grounds may have the opportunity to justify their actions on appeal. The Sixth Amendment guarantees criminal defendants the right to a…
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Appeals court upholds ejection of disruptive observer from livestream of criminal trial
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Colorado’s second-highest court clarified last month that ejecting a disruptive observer from the livestream of a criminal trial will not typically violate the Sixth Amendment’s guarantee of a public trial. A three-judge panel for the Court of Appeals considered for the first time whether a Weld County judge effectively “closed” his courtroom mid-trial by banning…
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State Supreme Court rules judge properly barred defendant’s wife from courtroom
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Even though an Arapahoe County judge made no mention of longstanding U.S. Supreme Court precedent on courtroom closures when he decided to exclude a defendant’s wife from the majority of her husband’s criminal trial, Colorado’s highest court has decided, 6-1, the banishment was nevertheless proper. The Sixth Amendment guarantees criminal defendants a public trial, and…
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State Supreme Court examines whether exclusion of wife from courtroom violated defendants’ rights
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Christopher Nicholas Cruse and Terrel Shameek Turner stood trial together in Arapahoe County in 2017 for the robbery of a marijuana dispensary where Cruse worked. On the third morning of the jury trial, the prosecution informed the trial judge that Cruse’s wife was arrested the prior day for “an encounter” in the hallway with one…
