No. 19-7426

Joseph Njonge v. Margaret Gilbert, Superintendent

Lower Court: Ninth Circuit
Docketed: 2020-01-28
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: courtroom-closure prejudice public-trial public-trial-right sixth-amendment trial-procedure triviality-exception voir-dire waller-v-georgia
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (AI Summary)

Whether the 'triviality exception' to the Sixth Amendment public-trial right comports with Waller v. Georgia

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1, Whether the “triviality exception” to the Sixth Amendment public-trial | right comports with Waller v. Georgia, 467 U.S. 39 (1984), which provides the standards courts must apply before excluding the public from any stage of a criminal proceeding. 2. If the triviality exception does apply, whether the trial court’s intentional and unjustified three-hour closure of voir dire to the public, including Petitioner’s family and friends, for no other reason beyond shortage of courtroom space, and during which a prospective juror voiced his racial and religious prejudices, can be so “trivial” that the Sixth Amendment right to a public trial did not attach. i

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-22
Reply of petitioner Joseph Njonge filed. (Distributed)
2020-06-18
Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
2020-06-15
Brief of respondent Margaret Gilbert in opposition filed.
2020-04-20
Motion to extend the time to file a response is granted and the time is further extended to and including June 15, 2020.
2020-04-17
Motion to extend the time to file a response from May 15, 2020 to June 15, 2020, submitted to The Clerk.
2020-03-12
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2020.
2020-03-10
Motion to extend the time to file a response from April 1, 2020 to May 15, 2020, submitted to The Clerk.
2020-03-02
Response Requested. (Due April 1, 2020)
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-18
Waiver of right of respondent Margaret Gilbert to respond filed.
2020-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2020)
2019-11-27
Application (19A603) granted by Justice Kagan extending the time to file until January 31, 2020.
2019-11-20
Application (19A603) to extend the time to file a petition for a writ of certiorari from December 2, 2019 to January 31, 2020, submitted to Justice Kagan.

Attorneys

Joseph Njonge
Michael FilipovicFederal Public Defender, Petitioner
Margaret Gilbert
Peter Benjamin GonickAttorney General of Washington, Respondent