09-5270 Presley v. Georgia

By: dmc-admin//January 25, 2010//

By: dmc-admin//January 25, 2010//

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Criminal Procedure
Public trial; voir dire

It violated a defendant's right to a public trial to exclude the public from the voir dire of prospective jurors.

Trial courts are obligated to take every reasonable measure to accommodate public attendance at criminal trials. Nothing in the record shows that the trial court could not have accommodated the public at Presley's trial. Without knowing the precise circumstances, some possibilities include reserving one or more rows for the public; dividing the jury venire panel to reduce courtroom congestion; or instructing prospective jurors not to engage or interact with audience members.
Reversed and Remanded.

09-5270 Presley v. Georgia

Per Curiam; Thomas, J., dissenting.

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