Jackson v. the State
339 Ga. App. 313
Ga. Ct. App.2016Background
- Randy Jackson was tried in November 2007 for multiple sexual offenses against his stepdaughter R.S., who testified about abuse beginning at age 11 and escalating to intercourse by age 12.
- The State moved to close the courtroom during R.S.’s testimony to exclude Jackson’s extended family and other nonessential persons; the motion requested exclusion of “any other persons or unnecessary courtroom personnel.”
- The trial court instructed spectators to leave during R.S.’s testimony; the courtroom was then cleared except for law enforcement, the parties, counsel, and courtroom personnel.
- Jackson was convicted of incest, statutory rape, child molestation, and two counts of aggravated child molestation and sentenced to a total of 50 years.
- On appeal Jackson challenged the total courtroom closure; the Court of Appeals found the closure was total, that the trial court made no written findings or consideration of alternatives as required, and reversed for a new trial (though evidence was sufficient and retrial permitted).
Issues
| Issue | Jackson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether courtroom closure during victim testimony violated public-trial right | Closure was overbroad, not supported by findings, and not narrowly tailored | Closure was needed to protect the minor victim; closure limited to family/nonessential persons | Reversed: total closure violated Sixth Amendment and Georgia Constitution because trial court made no required findings or considered alternatives |
| Whether closure was partial (family-only) or total | Objected to total closure; argued record shows total exclusion | Claimed motion/request was only to exclude family and that press is courtroom personnel | Record showed State sought and court ordered exclusion of all nonessential persons; closure was total; State’s alternative theory rejected |
| Whether trial-court findings/alternative analysis complied with federal and state standards | Court failed to enter written findings and consider alternatives; movant must show clear and convincing proof | Argued trial court and record sufficiently supported closure; State argued press could remain | Court held Waller/Presley/Lumpkin require written findings and consideration of alternatives; trial court did not comply — structural error requiring reversal |
| Remedy for constitutional error | New trial required because closure occurred during critical trial testimony | Argued less drastic remedies may suffice (remand for findings) | New trial required here because closure affected primary trial testimony and cannot be remedied by remand alone |
Key Cases Cited
- In re Oliver, 333 U.S. 257 (establishing historic constitutional mandate of public trials)
- Waller v. Georgia, 467 U.S. 39 (framework for permitting courtroom closure and need for careful balancing)
- Presley v. Georgia, 558 U.S. 209 (requires findings and consideration of alternatives before closure)
- Press-Enterprise Co. v. Superior Court, 478 U.S. 1 (public-trial principle and limits on closure)
- R.W. Page Corp. v. Lumpkin, 249 Ga. 576 (Georgia requires clear and convincing proof and written findings for closure)
- Rockdale Citizen Pub. Co. v. State, 266 Ga. 579 (clear-and-convincing proof and recordable evidence requirement)
- Reid v. State, 286 Ga. 484 (improper courtroom closure is structural error requiring remedy)
- Purvis v. State, 288 Ga. 865 (Georgia affords stronger protection for public-trial right)