State v. Cox
304 P.3d 327
Kan.2013Background
- Ryan Cox was convicted by a jury of two counts each of aggravated criminal sodomy and aggravated indecent liberties with a child.
- He was sentenced to concurrent terms of 165 months on each sodomy count and 61 months on each indecent liberties count.
- The public-trial right was violated when the courtroom was closed during the display and discussion of the victims’ genital photographs.
- Photographs and videotaped interviews of the victims were admitted at trial, with the courtroom closed during the photographs’ display.
- The district court did not provide adequate findings or consider alternatives to closure, constituting structural error requiring reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public-trial closure violation | Cox | Cox | Reversal and remand required |
| Remedy for public-trial violation | Cox | Cox | Remand for new trial; no harmless error |
| Admissibility of third-party evidence (Grandfather) | Cox | State | Exclusion upheld; not connected enough to crimes |
| Nonstandard character evidence instruction | Cox | State | No error; instruction not required and was adequately covered |
| Judicial admonition of spectators | Cox | State | Cautionary note, but new trial required; avoid repeat admonitions |
Key Cases Cited
- Presley v. Georgia, 558 U.S. 209 (2010) (open-trial right may yield to other interests; four-part test guiding closure)
- Waller v. Georgia, 467 U.S. 39 (1984) (four-part test for closure; reversal when findings insufficient)
- Dixon, 279 Kan. 563 (2005) (public-trial violation by closing during trial; not harmless)
- Barnes, 45 Kan. App. 2d 608 (2011) (public-trial closure principles; lesser remedies considered)
- State v. Adams, 284 Kan. 109 (2007) (court recognizes judicial duty to ensure fair trial; independent standard)
- Inkelaar, 293 Kan. 414 (2011) (assessing third-party evidence connection to charged crimes)