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Criminal Procedure Keyed to Ohlin
Presley v. Georgia
Citation:
558 U.S. 209( (2010)Facts
Before selecting a jury in Presley’s trial, the trial court noticed a lone courtroom observer. The court explained that prospective jurors were about to enter and instructed the man that he was not allowed in the courtroom and had to leave that floor of the courthouse entirely. The court then questioned the man and learned he was Presley’s uncle. Presley’s counsel objected to the exclusion of the public from the courtroom, but the court stated that there isn’t space for them to sit in the audience. After Presley was convicted, he moved for a new trial based on the exclusion of the public from the juror voir dire.
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