The Colorado Supreme Court courtroom, located on the fourth floor of the Ralph L. Carr Colorado Judicial Center at 2 East 14th Ave. in Denver, Colorado. Credit: Jeffrey Beall via Wikimedia Commons State High Court Split on 'Post Hoc Assertions' of 'Waller' Factors When Excluding Disruptive Courtroom Spectator
"The trial court didn't even understand that 'Waller' applied in these circumstances, so for the [Colorado Supreme] Court, on its own initiative, to make its own findings to satisfy each of the 'Waller' factors, I think it's entirely contrary to existing United States Supreme Court precedent and also Colorado public-trial precedent, as well," said Gregory Lansky, a Colorado-based criminal defense attorney who represented one of the defendants.
November 07, 2022 at 11:37 AM
7 minute read
Constitutional Law
While a trial court failed to expressly mention its application of the Waller test when excluding one spectator from the courtroom, a 5-2 majority of the Colorado Supreme Court concluded that the lower court's record still satisfied the four factors for justifying the partial closure and didn't violate the defendants' Sixth Amendment right to a public trial.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Trump Election-Interference Prosecution Appears on Course to Wind Down
4 minute read
'We Are Prepared to Fight': Governor Calls Special Session to Fund Legal Attacks on Trump Policies
4 minute read
3rd Circuit Judges Zero In on Constitutional Challenges to Medicare Drug Pricing Program
Trending Stories
- 1The Growing PFAS Morass: Why Insurance Should Cover These Products Liability Claims
- 2Dallas Jury Awards $98.65M in Botham Jean Killing by Dallas Officer
- 3In Talc Bankruptcy, Andy Birchfield Skipped His Deposition. Could He Face Sanctions?
- 4Pharmaceutical Patents: Benefits and Challenges
- 5Where Do Web-Tracking Class Actions Belong? 8th Circuit Weighs the Issue
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
