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
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.
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