State v. Barnes
251 P.3d 96
Kan. Ct. App.2011Background
- Barnes was convicted by jury of aggravated robbery in Wyandotte County, Kansas.
- The April 19, 2008 liquor-store robbery involved a masked gunman demanding money; pennies were not present in the recovered funds.
- Police recovered $385 from Barnes, with paperclips and markings from the victim’s notes; the victim could not identify Barnes at trial.
- During trial, jurors complained about Barnes’ sister Candace Brooks using a cell phone in court; the court briefly reviewed the phone, then closed the courtroom for additional rebuttal testimony and closing arguments.
- The court later reconvened; the verdict was read after further deliberations; Barnes contends the closure violated the Sixth Amendment public-trial right and that the court erred in not instructing on lesser included offenses.
- The Court of Appeals reverses and remands for a new trial, finding the courtroom closure was not justified and not harmless beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public-trial closure during trial was proper? | Barnes argues closure violated the Sixth Amendment. | State contends waiver rules apply; closure was permissible. | Closure violated public-trial rights; reversal and new trial required. |
| What standard governs courtroom closure? | Public-trial right requires overriding interest and least-restrictive means. | State asserts standard may be relaxed for partial closures. | Overriding-interest standard applied; no adequate overriding interest shown. |
| Was there a less-restrictive alternative to closure? | Court could have banished only Brooks or restricted phones. | Court could close entire gallery as a measure to protect proceedings. | Court erred by not considering alternatives; remand for new trial. |
| Failure to instruct on lesser included offenses? | Argues theft/robbery lesser-included instructions should have been given. | No evidence supports lesser offenses; not required. | No error; no evidence supports lesser-included offenses. |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (requires overriding interest, narrow closure, and alternatives; adequate findings)
- Dixon v. State, 279 Kan. 563 (Kan. 2005) (reversal when courtroom closed during verdict to avoid prejudice)
- McNaught v. State, 238 Kan. 567 (Kan. 1986) (public-trial right is fundamental; appellate review permitted)
- Ulate v. State, 42 Kan. App. 2d 971 (Kan. App. 2009) (public-trial right as fundamental; appellate review allowed without contemporaneous objection)
- Peretz v. United States, 501 U.S. 923 (U.S. 1991) (public-rights protections and waivers not directly applicable to trial-closure context)
- State v. Gallegos, 286 Kan. 869 (Kan. 2008) (law on lesser-included offenses; standard rules applied)