May 19, 2019

Colorado Supreme Court: Exclusion of Public During Trial was More Than Fleeting Occurrence and Violated Sixth Amendment

The Colorado Supreme Court issued its opinion in People v. Hassen on Monday, June 29, 2015.

Sixth Amendment Right to Public Trial.

At respondent’s trial, the trial court completely closed the courtroom during the testimony of two undercover officers. The Supreme Court granted certiorari to consider whether this closure constituted structural error. The Court held that the closure violated respondent’s Sixth Amendment right to a public trial and rejected the People’s argument that the closure was so trivial that it did not implicate respondent’s Sixth Amendment right. Accordingly, the Court affirmed the judgment of the court of appeals.

Summary and full case available here, courtesy of The Colorado Lawyer.

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