Whether a structural error during trial automatically warrants reversal even without a contemporaneous objection under plain error review

QUESTION PRESENTED At trial, the district court committed structural error by closing the courtroom in the middle of trial during the adult victim witness’s testimony, without making any findings that such closure was necessary, or considering other, less intrusive measures. Waller v. Georgia. 467 U.S. 39, 104 S. Ct. 2210, 81 L. Ed. 2d 31 (1984). The Sixth Circuit agreed that this was structural error. However, because defense counsel did not raise a contemporaneous objection to the closure, the Sixth Circuit held that “the district court’s Waller error [did not] compromise ] the fairness, integrity, or public reputation of his trial,” and thus did not meet the plain-error standard for reversal. On direct review, does a structural error by definition compromise the “fairness, integrity, or public reputation of a trial,” such that reversal is necessary despite lack of an objection under plain error review? ii RELATED CASES Pursuant to Supreme Court Rule 14(1)(b) (ii), Petitioner submits these cases which are directly related to this Petition: none iti