Commonwealth v. Lavoie
954 N.E.2d 547
Mass. App. Ct.2011Background
- Defendant convicted of second‑degree murder in 2003; motion for new trial alleging ineffective assistance for failure to object to courtroom closure during jury selection; two‑day evidentiary hearing; judge denied on April 2, 2009.
- Jury selection occurred November 20 and 24, 2003 in courtroom 12B; defendant’s family were excluded from the courtroom for the duration of voir dire due to crowded conditions and an established court practice.
- Court officers removed the defendant’s mother, father, and sister to seating outside the courtroom; defense counsel did not object and there was no explicit waiver by the defendant.
- Judge found impermissible closure, no waiver by the defendant, and presumed prejudice due to structural error, but denied relief based on two reasons: no meaningful public observations and a tactical, non‑manifestly unreasonable objection by counsel.
- This court applied Cohen to evaluate the public‑trial right, determined there was a constitutional closure, rejected waiver, and held the appropriate remedy for a public‑trial violation during jury selection is a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a constitutional courtroom closure during voir dire | Lavoie established closure occurred | Defense strategy allowed exclusion in crowded courtroom | Yes, impermissible closure established |
| Whether the closure was full or partial and compliant with Waller | Partial closure still requires strict Waller compliance | Not applicable or insufficient record for full closure | Not compliant with Waller, regardless of full/partial status |
| Whether the defendant validly waived his public‑trial right | Waiver absent because defendant itself did not assent | Counsel’s tactical choice could constitute waiver | No valid waiver by defendant; waiver requires personal, knowing assent |
| What relief is warranted for unwaived Sixth Amendment public‑trial violation | Structural error mandates new trial | Direct‑appeal/ineffective‑assistance framework may apply | New trial warranted; judgment set aside |
Key Cases Cited
- Commonwealth v. Cohen (No. 1), 456 Mass. 94 (Mass. 2010) (public trial includes voir dire, right not waived by counsel’s silence; four‑factor Waller framework applied)
- Presley v. Georgia, 130 S. Ct. 721 (U.S. 2010) (right to public trial extends to jury voir dire; Presley retroactive)
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (four‑factor test for courtroom closure)
- Commonwealth v. Edward, 75 Mass. App. Ct. 162 (Mass. 2009) (personal, knowing assent required for waiver; precedent for waiver)
- Commonwealth v. Downey, 78 Mass. App. Ct. 224 (Mass. 2010) (waiver analysis under Edward framework; counsel‑assent considerations)
- Commonwealth v. Grant, 78 Mass. App. Ct. 450 (Mass. 2010) (waiver and public trial principles applied post‑Cohen)
- Commonwealth v. Adamides, 37 Mass. App. Ct. 339 (Mass. 1994) (defendant’s personal assent required for waiver of public trial right)
- Commonwealth v. Williams, 379 Mass. 874 (Mass. 1980) (earlier articulation of waiver by defendant through counsel)
- Owens v. United States, 483 F.3d 48 (1st Cir. 2007) (First Circuit framework for ineffective assistance analysis)
- Stetson, 384 Mass. 545 (Mass. 1981) (context on public trial waiver principles)