383 S.W.3d 775
Tex. App.2012Background
- Appellant Woods convicted of theft of property valued $20k–$100k; sentenced to 17 years.
- Voir dire occurred March 1, 2010; spectators were instructed to leave; defense team members and Woods’s wife allegedly remained in the courtroom.
- There was dispute over whether voir dire was closed; Woods moved for mistrial the next day and later sought recusal of Judge Keel; court denied.
- Court found the voir dire closure violated the public-trial right and reversed and remanded without addressing evidentiary rulings.
- Conviction was for the lesser-included offense of theft of property valued >$20,000 and <$100,000; appeal led to reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public-trial closure during voir dire violated right to public trial | Woods: closure violated Sixth/Fourteenth Amendments and Tex. Const. | State: no reversible error due to preservation or partial closure | Public-trial right violated; reversal and remand; evidentiary issues not reached |
| Preservation of error for public-trial claim | Woods timely objected at earliest opportunity | State: preservation unclear due to timing | Error preserved for appeal |
Key Cases Cited
- Presley v. Georgia, 130 S. Ct. 721 (2010) (public voir dire must be open to public unless overridden)
- Waller v. Georgia, 467 U.S. 39 (1984) (four-part test for closure during trials)
- Press-Enter. Co. v. Superior Court of Cal., Riverside Cnty., 464 U.S. 501 (1984) (overriding-interest standard for closure)
- Lilly v. State, 365 S.W.3d 321 (Tex. Crim. App. 2012) (public-trial right framework in Texas)
- Herring v. New York, 422 U.S. 853 (1975) (public-trial protections extend to voir dire)
- In re Oliver, 333 U.S. 257 (1948) (public trial right origins)
- Steadman v. State, 360 S.W.3d 499 (Tex. Crim. App. 2012) (public-trial analysis in Texas)