Presley v. State
307 Ga. App. 706
| Ga. Ct. App. | 2011Background
- Presley was convicted of cocaine trafficking in Georgia and appealed the voir dire closure issue.
- This court previously affirmed the ruling excluding spectators during voir dire.
- The Georgia Supreme Court reviewed and affirmed, then the U.S. Supreme Court granted certiorari and reversed, remanding for proceedings consistent with the U.S. Supreme Court opinion.
- Upon reversal, the division addressing voir dire closure was vacated; other divisions remained intact.
- The court held the trial court erred by excluding spectators from voir dire without considering alternatives, entitling Presley to a new trial and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public trial right applies to voir dire | Presley | State | Voir dire public trial right recognized; closure errored |
| Necessity of alternatives to closure | Presley argues alternatives should be considered | State contends no need if closure necessary | Trial court failed to consider alternatives; error |
| Effect of Supreme Court reversal on divisions | Presley | State | Division 2 vacated; others stand as consistent with decision |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (1984) (public-trial right and retrial implications)
- United States v. Agosto-Vega, 617 F.3d 541 (1st Cir. 2010) (public access to voir dire and new trial when closure occurs)
- Lively v. State, 262 Ga. 510 (1992) (evidence sufficiency and retrial considerations)