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68 So. 3d 383
Fla. Dist. Ct. App.
2011
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Background

  • Mansingh was convicted of first-degree murder and burglary of a dwelling with an assault or battery after a jury trial.
  • Mansingh argues the public was improperly excluded during voir dire, violating the public-trial right.
  • The trial court removed spectators seated in the back when voir dire began, and Mansingh proposed allowing them to sit in the jury box.
  • There is no record of the number or relation of the spectators, and the court refused Mansingh’s request.
  • Mansingh did not articulate a legal ground for the objection, nor cite authorities linking closure to a public-trial right, preserving the issue for appeal.
  • The appellate court affirmed, finding the objection insufficient to preserve the issue for review and that no reversible error occurred.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether voir dire closure violated public-trial rights Mansingh argues closure infringed public trial rights. State contends no preserved error and no constitutional violation. Issue not preserved; affirmed.

Key Cases Cited

  • State v. Colbert, 968 So.2d 1043 (Fla. 5th DCA 2007) (preservation requires contemporaneous, grounds-based objection and matching appellate argument)
  • Harrell v. State, 894 So.2d 935 (Fla. 2005) (grounds must be stated to preserve trial court error)
  • Jones v. State, 883 So.2d 369 (Fla. 3d DCA 2004) (general objection without legal grounds is inadequate for appeal)
  • Luda v. State, 860 So.2d 457 (Fla. 4th DCA 2003) (failure to cite exemptive authority fails to preserve issue)
  • Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (requires certain findings for closure under public-trial considerations)
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Case Details

Case Name: MANSINGH v. State
Court Name: District Court of Appeal of Florida
Date Published: Aug 26, 2011
Citations: 68 So. 3d 383; 2011 WL 3754605; 2011 Fla. App. LEXIS 13495; 5D09-2843
Docket Number: 5D09-2843
Court Abbreviation: Fla. Dist. Ct. App.
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