No. 20-6778

Richard Anderson v. United States

Lower Court: Second Circuit
Docketed: 2021-01-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof courtroom-closure criminal-procedure family-member-exclusion public-trial sixth-amendment triviality-exception waller-v-georgia
Key Terms:
CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether there is a 'triviality exception' to the Sixth Amendment right to a public trial

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW On October 4, 2018, and again on December 4, 2013, Kevin Felton, a friend of Mr. Anderson, tried to attend Mr. Anderson’s trial. On both occasions, without instruction from the Court, United States Marshals Service employees removed Mr. Felton from the Courtroom without evidence that he was engaged in disruptive behavior. The partial courtroom closure raises the following questions: I. Whether there is a “triviality exception” to the Sixth Amendment which recognizes that brief or inadvertent courtroom closures can be too trivial to constitute a violation to the right to a public trial? II. Whether the “triviality exception” conflicts with Waller v. Georgia by shifting the burden on the defendant to demonstrate that he was prejudiced by the courtroom closure? Ill. Whether a partial courtroom closure that excludes a family member or friend of the defendant can ever be deemed trivial.

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Waiver of right of respondent United States to respond filed.
2020-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2021)

Attorneys

Richard Anderson
Jay Samuel OvsiovitchFederal Public Defender's Office, WDNY, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent