Anthony Wayne Crutcher Jr v. Commonwealth of Kentucky
2016 Ky. LEXIS 504
| Ky. | 2016Background
- Victim Ricky Goldsmith was robbed and shot in a breezeway; he later identified Jamaur Yocum and Anthony Wayne Crutcher as participants; SD did not participate.
- Immediately after the incident Goldsmith identified only "Yocum" and could not ID others; he moved away fearing for his safety.
- Months later Officer Kyle Toms assembled two photo lineups: one identifying Yocum and another assembled after a relative told Goldsmith the shooter was "Little Anthony," from which Goldsmith identified Crutcher.
- Crutcher was tried by jury, convicted of first-degree robbery and as a first-degree persistent felony offender; jury recommended 15 years, enhanced to 35 years for PFO.
- On appeal Crutcher challenged (1) closure of the courtroom to spectators during Goldsmith’s testimony as violating the right to a public trial and (2) admissibility of the out-of-court photo identification as impermissibly suggestive.
- The trial court denied the suppression motion and allowed the brief closure; the Kentucky Supreme Court affirmed on both issues.
Issues
| Issue | Crutcher's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Closure of courtroom during victim testimony — public-trial right | Closure violated Sixth Amendment and KY Const. art. II §11; cannot be waived without express, personal waiver | Failure to object below waived the claim; any error was not palpable | Waived by failure to object; no relief. Right to public trial can be waived by inaction (affirmed). |
| Admissibility of photo identification | Lineup impermissibly suggestive because Crutcher had the lightest skin tone among photos | Lineup photos were similar (dreadlocks, background); differences were minor and not suggestive | Trial court did not abuse discretion; identification admissible. |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (four-part test and findings required before closing a public trial over objection)
- Johnson v. Sherry, 586 F.3d 439 (6th Cir. 2009) (right to public trial may be waived when defendant fails to object)
- Peretz v. United States, 501 U.S. 923 (U.S. 1991) (failure to object to courtroom closing can constitute waiver)
- McCleery v. Commonwealth, 410 S.W.3d 597 (Ky. 2013) (denial of public trial is structural error)
- Jacobsen v. Commonwealth, 376 S.W.3d 600 (Ky. 2012) (minor differences in lineup photos do not by themselves render identification impermissibly suggestive)