Richard Anderson v. United States
CriminalProcedure HabeasCorpus Privacy
Whether there is a 'triviality exception' to the Sixth Amendment right to a public trial
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.