Anthony Charboneau, III v. United States, 2013 U.S. App. LEXIS 743

Charboneau was convicted of sexual abuse of a minor and abusive sexual contact with a minor in Indian country.
The government sought to close the courtroom to the public during D.C.’s testimony, a 3509(e) hearing followed by a temporary closure.
The court granted the closure to protect a minor witness’ psychological well-being; the courtroom was open for other testimony.
Charboneau challenged the closure under the Sixth Amendment and later moved under 28 U.S.C. § 2255, arguing public-trial error and ineffective appellate counsel.
The district court denied relief and the appellate issue was procedurally defaulted on § 2255 review; Presley addressed after the ruling, but not retroactive to the closure at issue.
On appeal, the court held Charboneau failed to show deficient appellate performance and that the public-trial issue was procedurally barred absent cause and prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the trial court’s closure to the public constitutional?	Charboneau claims Waller violation.	The government showed need; court closed appropriately.	No reversible error; closure supported by record under Waller
Did appellate counsel’s failure to raise public-trial issue amount to deficient performance?	Charboneau asserts counsel’s failure to raise error was deficient.	Counsel’s strategy justified; not deficient.	Not deficient; reasonable appellate strategy
Did Charboneau suffer prejudice from the alleged ineffective assistance on direct appeal?	Prejudice presumed because of structural error	No structural error; prejudice must be shown	Prejudice not shown; no plain error on appeal
Does Presley v. Georgia affect the outcome on the public-trial claim?	Presley required considering unsought alternatives	Presley applies post hoc and here not controlling	Presley not controlling to retroactively change outcome
Is the public-trial claim properly before review or procedurally defaulted?	Should review be on the merits despite default	Default bars review absent cause and prejudice	Claim procedurally barred; § 2255 relief denied

Waller v. Georgia, 467 U.S. 39 (U.S. Supreme Court 1984) (establishes the four-factor closure test for public trials)
Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (U.S. Supreme Court 1982) (limits closing the courtroom to protect the child witness)
Presley v. Georgia, 130 S. Ct. 721 (U.S. Supreme Court 2010) (requires consideration of alternatives to closure)
Farmer v. United States, 32 F.3d 369 (8th Cir. 1994) (record supports partial closure; no explicit findings required)
Thunder v. United States, 438 F.3d 866 (8th Cir. 2006) (closer inspection of closure; defense objection matters)
Anderson v. United States, 393 F.3d 749 (8th Cir. 2005) (counsel’s strategic choice not to raise claims per se deficient)
Roe v. Delo, 160 F.3d 416 (8th Cir. 1998) (applies Strickland prejudice framework to appellate claims)
McGurk v. Stenberg, 163 F.3d 470 (8th Cir. 1998) (prejudice is not presumed for non-structural appellate errors)
Jones v. Barnes, 463 U.S. 745 (U.S. Supreme Court 1983) (strong appellate strategy principle in selecting issues)
Becht v. United States, 403 F.3d 541 (8th Cir. 2005) (procedural default and COA context)
Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (test for ineffective assistance of counsel)