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U.S. v. Al-Smadi

United States Court of Appeals, Tenth Circuit
Jan 24, 1994
15 F.3d 153 (10th Cir. 1994)

Summary

holding that a judge not taking steps to ensure that members of the public were permitted into the courthouse after 4:30 p.m. when the courthouse closed but the trial was still proceeding did not violate the Sixth Amendment

Summary of this case from United States v. Aguiar

Opinion

No. 93-2099.

January 24, 1994.

Submitted on the Briefs:

The parties have not requested oral argument. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause therefore is ordered submitted without oral argument.

Stuart L. Stein, P.A., Santa Fe, NM, for defendant-appellant.

Larry Gomez, Acting U.S. Atty., and Robert J. Gorence, Asst. U.S. Atty., Albuquerque, NM, for plaintiff-appellee.

Appeal from the United States District Court for the District of New Mexico.

Before MOORE, ANDERSON and KELLY, Circuit Judges.


After normal working hours, the federal courthouse in Santa Fe, New Mexico is closed to the public. See generally 41 C.F.R. § 101-20.302 (1993). Consistent with normal practice, this occurred at 4:30 p.m. during the second day of Mr. Al-Smadi's five-day trial for wire fraud, 18 U.S.C. § 1343. The court security officers failed to keep the front doors of the courthouse open past 4:30 p.m., given that a trial was in progress. Defense counsel's wife and child were unable to gain access to the second-floor courtroom when they attempted to enter the courthouse after 4:30 p.m. At 4:50 p.m., the trial adjourned. Mr. Al-Smadi appeals the district court's denial of his motion for a mistrial on the grounds that the closing of the courthouse denied him his Sixth Amendment right to a public trial. See generally Waller v. Georgia, 467 U.S. 39, 44-46, 1 S.Ct. 2210, 2214-15, 81 L.Ed.2d 31 (1984); Davis v. Reynolds, 890 F.2d 1105, 1109 (10th Cir. 1989). Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm.

The underlying facts concerning the closure as found by the district court will be accepted unless clearly erroneous; however, whether the closure violated the Sixth Amendment is a legal issue which we review de novo. See Nieto v. Sullivan, 879 F.2d 743, 749-54 (10th Cir.), cert. denied, 493 U.S. 957, 110 S.Ct. 373, 107 L.Ed.2d 359 (1989). Mr. Al-Smadi argues that, in the absence of a substantial reason to partially close his trial, see United States v. Galloway, 937 F.2d 542, 545-47 (10th Cir. 1991). the district court could not merely reject his Sixth Amendment claim with the maxim de minimis non curat lex. Aplt. App. at 20.

The denial of a defendant's Sixth Amendment right to a public trial requires some affirmative act by the trial court meant to exclude persons from the courtroom. See People v. Peterson, 81 N.Y.2d 284, 595 N.Y.S.2d 383, 611 N.E.2d 284, 285 (1993); People v. Colon, 71 N.Y.2d 410, 526 N.Y.S.2d 932, 521 N.E.2d 1075, 1078, cert. denied, 487 U.S. 1239, 108 S.Ct. 2911, 101 L.Ed.2d 943 (1988). The brief and inadvertent closing of the courthouse and hence the courtroom, unnoticed by any of the trial participants, did not violate the Sixth Amendment. Peterson, 595 N.Y.S.2d at 384, 611 N.E.2d at 285; State v. Clayton, 109 Ariz. 587, 514 P.2d 720, 727-28 (1973). Although Mr. Al-Smadi notes that "[t]he trial judge was silent as to what steps, if any, are taken by his chambers to assure that the building remains open when criminal trials go beyond . . . 4:30 p.m.," Aplt. Br. at 3, nothing indicates that the situation recurred and we are confident that appropriate steps will be taken to avoid it.

AFFIRMED.


Summaries of

U.S. v. Al-Smadi

United States Court of Appeals, Tenth Circuit
Jan 24, 1994
15 F.3d 153 (10th Cir. 1994)

holding that a judge not taking steps to ensure that members of the public were permitted into the courthouse after 4:30 p.m. when the courthouse closed but the trial was still proceeding did not violate the Sixth Amendment

Summary of this case from United States v. Aguiar

holding that a closure that was not ordered by the trial court but rather was the result of standard courthouse practices, was "brief and inadvertent," "unnoticed by any of the trial participants," and occurred only once did not violate the Sixth Amendment

Summary of this case from People v. Jones

holding "[t]he denial of a defendant's Sixth Amendment right to a public trial requires some affirmative act by the trial court meant to exclude persons from the courtroom"

Summary of this case from State v. Schierman

holding that 20-minute closure of trial was de minimis solely because it was inadvertent

Summary of this case from State v. Schierman

holding "[t]he denial of a defendant's Sixth Amendment right to a public trial requires some affirmative act by the trial court meant to exclude persons from the courtroom"

Summary of this case from State v. Schierman

holding that 20-minute closure of trial was de minimis solely because it was inadvertent

Summary of this case from State v. Schierman

holding that when court security officers closed the courthouse to the public at 4:30 p.m. and the defendant's trial did not adjourn for the evening until 4:50 p.m., this "brief and inadvertent closing of the courthouse and hence the courtroom, unnoticed by any of the trial participants, did not violate the Sixth Amendment."

Summary of this case from State v. Ndina

holding that a brief and inadvertent closure that went "unnoticed by any of the trial participants" did not violate the defendant's Sixth-Amendment rights

Summary of this case from State v. Barkmeyer

holding that the defendant was not denied a public trial where the courthouse closed at its usual time, 4:30 p.m., the trial continued for no more than twenty minutes, and only defense counsel's wife and child were prevented from entering

Summary of this case from State v. Telles

concluding that before a defendant can claim a violation of his Sixth Amendment rights, “some affirmative act by the trial court meant to exclude persons from the courtroom” must occur

Summary of this case from Constant v. Pa. Dep't of Corr.

concluding that before a defendant can claim a violation of his Sixth Amendment rights, "some affirmative act by the trial court meant to exclude persons from the courtroom" must occur

Summary of this case from Constant v. Pa. Dep't of Corr.

concluding that closure, which was "brief and inadvertent," "unnoticed by any of the trial participants," and occurred only once, did not violate defendant's public-trial rights

Summary of this case from Williams v. State

upholding conviction where there was a 20-minute courtroom closure preventing defendant's wife and child from entering that was "unnoticed by any of the trial participants"

Summary of this case from Hoyt v. Lewin

rejecting public trial violation, in part, because 20 minute closure was "brief

Summary of this case from Kelly v. State

applying Peterson to hold that the brief and inadvertent closure of the courtroom did not implicate the Sixth Amendment

Summary of this case from U.S. v. Ivester

applying Peterson to hold that the brief and inadvertent closure of the courtroom did not implicate the Sixth Amendment

Summary of this case from Mays v. Clark

In United States v. Al-Smadi, 15 F.3d 153 (10th Cir. 1994), the courthouse closed at 4:30 p.m., about 20 minutes before the defendant's trial had adjourned for the day.

Summary of this case from Peterson v. Williams

In Al-Smadi, the Tenth Circuit also stated that a defendant's right to a public trial is not denied absent "some affirmative act by the trial court meant to exclude persons from the courtroom."

Summary of this case from Schnarr v. State
Case details for

U.S. v. Al-Smadi

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ZUHAIR I. AL-SMADI A/K/A…

Court:United States Court of Appeals, Tenth Circuit

Date published: Jan 24, 1994

Citations

15 F.3d 153 (10th Cir. 1994)

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