Summary
The Arkansas Court of Appeals held that the trial court violated Tonisha Mitchell's constitutional right to a public trial by excluding spectators during a prosecution witness's testimony based on an unsubstantiated allegation of witness intimidation. Applying the Waller courtroom-closure factors, the court found that the record lacked evidence supporting an overriding interest, the scope of closure, consideration of alternatives, or adequate findings. The conviction was reversed and the case remanded for a new trial.
Topics
Practice areas
Questions Presented
- Whether closing the courtroom to spectators during a prosecution witness's testimony violated Mitchell's constitutional right to a public trial.
- Whether defense counsel adequately preserved the public-trial objection for appellate review.
- Whether the court erred in denying Mitchell's motions concerning withdrawal or substitution of counsel and her motion for a new trial based on jurors seeing her in restraints.
Holdings
- Defense counsel's objection that the proceeding was public and that there was no reason to close the courtroom sufficiently apprised the trial court of the nature of the constitutional objection and preserved the issue for appellate review.
- A courtroom closure based only on an unsubstantiated allegation of witness intimidation violates the accused's constitutional right to a public trial when the trial court does not apply the Waller test, develop an evidentiary record, consider alternatives, or make adequate findings.
- A defendant need not demonstrate actual prejudice to obtain relief for a violation of the constitutional right to a public trial.
Key quotations
“the party seeking to close the hearing must advance an overriding interest that is likely to be prejudiced, the closure must be no broader than necessary to protect that interest, the trial court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure.” (841)
“On this record, we hold that appellant's constitutional right to a public trial was violated.” (842)
Factual background
Nelson McCullough was shot and killed at his home in Jonesboro on May 25, 2015. The State's evidence included testimony that Mitchell accompanied others to the victim's home to purchase marijuana and later told Vikkesha Menifee that she shot McCullough after he drew a gun on her. During Menifee's testimony, the trial court cleared spectators from the courtroom based on the prosecutor's claim that members of Mitchell's family had attempted to intimidate the witness, but no evidence of intimidation was presented to the court.
Procedural history
Mitchell was tried before a jury in the Craighead County Circuit Court and convicted of first-degree murder, receiving a life sentence. During trial, the court excluded spectators from the courtroom during a witness's testimony based on an unsubstantiated claim of possible witness intimidation. The circuit court later denied Mitchell's motions for new trial, and the Arkansas Supreme Court reversed and remanded for a new trial.
Remand instructions
The case was remanded for a new trial.