Seaton v. Smith

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In Presley v. Georgia (2010), the Supreme Court held that the Sixth Amendment right to a public trial extends to voir dire. In one of the cases consolidated for appeal, Pinno was convicted of assisting in the mutilation of a corpse and interference with police, having assisted her son in disposing of the body of his girlfriend, whom the son had murdered. The trial judge called for a pool of more than 80 prospective jurors. To assure that enough seats were available for the prospective jurors and to prevent members of the public from influencing the jury by remarks or facial expressions, given the “gruesome and bizarre facts,” the Wisconsin state judge ordered spectators to leave and the door locked until all the prospective jurors were seated. After they were seated the door was unlocked and members of the public were able to enter. The other defendant, Seaton, was convicted of first‐degree reckless homicide. The public was, similarly, temporarily excluded. In neither case did defense counsel object. The Seventh Circuit affirmed denial of their habeas petitions, noting that the trial judge may have had no option but to exclude the public until all the panel members were seated and that it is possible that the defendants would have been harmed by the presence of the public. View "Seaton v. Smith" on Justia Law