No. 20-6869

Tavarius D. Radford v. Illinois

Lower Court: Illinois
Docketed: 2021-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: courtroom-closure direct-appeal ineffective-assistance partial-closure public-trial sixth-amendment structural-error waller-v-georgia weaver-v-massachusetts
Latest Conference: 2021-02-19
Question Presented (from Petition)

(1) Whether the "overriding interest" test established by this Court in Waller v. Georgia, 467 U.S. 39 (1984), to determine if a defendant's Sixth Amendment right to a public trial has been violated applies to so-called "partial" closures of the courtroom (i.e., situations in which one or more members of the public are allowed to observe trial proceedings that are otherwise closed to the public).

(2) Whether this Court's holding in Weaver v. Massachusetts, 137 S. Ct. 1899 (2017), that a defendant must show prejudice resulting from a public trial violation where he or she raises the issue for the first time in a collateral proceeding as a claim of ineffective assistance of counsel applies to defendants who raise the structural error of a public trial violation for the first time on direct appeal.

Question Presented (AI Summary)

whether-public-trial-right-violated

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-27
Waiver of right of respondent People of State of Illinois to respond filed.
2021-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2021)

Attorneys

People of State of Illinois
Michael Marc Glick — Respondent
Tavarius D Radford
Thomas Anthony KaralisOffice of the State Appellate Defender (OSAD) of Illinois, Petitioner