Follow Us

Facebooktwitterrss
≡ Menu

j. Public trial right

SCOTUS delves into structural error

Weaver v. Massachusetts, USSC No. 16-240, 2017 WL 2674153 (June 22, 2017); affirming Commonwealth v. Weaver, 54 N.E.3d 495 (Mass. 2016); Scotusblog page (including links to briefs and commentary) Members of the public–specifically, Kentel Weaver’s family–were excluded from the overcrowded courtroom during jury selection for his trial. Violations of the Sixth Amendment right to public… Read More

{ 0 comments }

State v. Nancy J. Pinno & State v. Travis J. Seaton, 2014 WI 74, 7/18/14, on certification from the court of appeals, and affirming the circuit court’s orders denying postconviction relief; majority opinion by Justice Prosser; case activity: Pinno; Seaton Deciding an issue left open by State v. Ndina, 2009 WI 21, ¶¶34-38, 315 Wis. 2d… Read More

{ 0 comments }

  On review of court of appeals certification; case activity: Pinno; Seaton Issue (from certification): Is the failure to object to the closure of a public trial to be analyzed upon appellate review under the “forfeiture standard” or the “waiver standard”? See our previous post for further discussion… Read More

{ 0 comments }

State v. Dhosi J. Ndina, 2009 WI 21, affirming 2007 WI App 268 For Ndina: Richard L. Kaiser Issue/Holding: (Generally:) ¶29      Although cases sometimes use the words “forfeiture” and “waiver” interchangeably, the two words embody very different legal concepts. “Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the… Read More

{ 0 comments }