"The right to a public trial is a cornerstone of our democracy ..."

February 24, 2011

The Eighth District Court of Appeals for Cuyahoga County found that there was "overwhelming evidence" to convict Almichael Woods of attempted murder, felonious assault, improperly discharging a firearm into a habitation, participating in criminal gang activity, and carrying a concealed weapon. He was sentenced to an aggregate term of seventeen years, but the court of appeals reversed his convictions and remanded his case for a new trial.

Why? Because the trial judge erred by closing the courtroom during the testimony of one witness. The right to a public trial is "a fundamental constitutional guarantee under the Sixth Amendment to the United States Constitution and Section 10, Article I of the Ohio Constitution." And before closing a courtroom a trial judge must meet a four-pronged test that was set forth by the United States Supreme Court in Waller v. Georgia (1984), 467 U.S. 39, 46.

The trial court in this case failed to meet any of the four factors set forth in Waller as you can read here.


If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.