State v. Walbert

Summary

The North Dakota Supreme Court affirmed Russell Walbert’s amended criminal judgment following his convictions for gross sexual imposition. The court held that temporarily restricting courtroom ingress and egress during the child victim’s testimony was a reasonable courtroom-management measure, not a courtroom closure requiring analysis under Waller v. Georgia, and therefore did not create structural error.

Holdings

1. The district court's limited restriction on entering and exiting the courtroom during the victim's testimony did not constitute a courtroom closure; it was a reasonable time-and-manner restriction imposed to minimize disruptions and maintain courtroom order.
2. Because the district court did not close the courtroom, it was not required to conduct the four-factor Waller analysis.
3. The district court's failure to conduct a Waller analysis did not constitute structural error, and the amended criminal judgment was affirmed.

Questions Presented

1. Whether restricting ingress and egress during a child victim's testimony constituted a closure of the courtroom implicating Walbert's constitutional right to a public trial.
2. Whether the district court was required to conduct the four-factor Waller analysis before imposing the restriction.
3. Whether the failure to conduct a Waller analysis constituted structural error requiring reversal.

Disposition

affirmed