State v. Long
101 N.E.3d 1277
| Ohio Ct. App. | 2017Background
- In July 2015 Michael A. Long and an associate ("Poncho") were involved in a violent incident at the Bowles family home; Poncho died, Jill Bowles was shot, and other family members were injured. Long was indicted on multiple counts including aggravated burglary, kidnapping, aggravated robbery, felonious assault, murder, attempted grand theft of a firearm, and having weapons while under disability with firearm specifications.
- At trial (Aug. 2016) the defense contended Long was invited to the home and that the fatality resulted from a jealous third party rather than Long’s criminal conduct.
- After three days of open trial, juror No. 4 reported an indirect contact revealing he might know the defendant through a motorcycle club connection; the court excused that juror.
- The trial judge then sua sponte closed the courtroom to the public for the remainder of the trial (media excepted), citing an earlier hallway altercation and the juror contact; neither party objected at trial.
- The jury found Long guilty on all counts; the trial court imposed an aggregate sentence of 25 years to life. Long appealed, arguing among other things that the courtroom closure violated his right to a public trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated the Sixth Amendment/right to public trial by closing the courtroom to the public (media excepted) mid-trial | Closure was warranted to preserve trial integrity and protect against outside influence after a hallway altercation and attempted juror contact | Closure was unjustified and overbroad because the juror was excused, no witness expressed fear, no nexus showed risk to other jurors, and alternatives existed | Reversed: closure violated the right to a public trial (structural error) because the court lacked a substantial reason and failed to consider/record reasonable alternatives per Waller/Drummond tests |
| Whether defendant waived the public-trial claim by not objecting at trial | State implied silence amounted to waiver | Long argued structural error cannot be waived | Court held claim not waived; public-trial denial is structural error and not subject to harmless-error or waiver principles |
| Whether closure was narrowly tailored and alternatives were considered (Waller factors) | Closure was appropriately narrow (media remained) and necessary given incidents | Court erred: judge did not consider narrower alternatives (exclude specific spectators, sequester jury, increased deputies) and record lacks findings to justify closure | Court held judge failed to satisfy Waller/Drummond factors—no adequate findings nor consideration of alternatives; closure not narrowly tailored |
| Remedy for violation | State urged affirmance or harmless-error treatment | Long sought reversal and new trial | Court reversed convictions and remanded for a new trial as the structural error mandated reversal |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (establishes four-part test for courtroom closures)
- Arizona v. Fulminante, 499 U.S. 279 (defines structural error concept)
- State v. Drummond, 111 Ohio St.3d 14 (Ohio Supreme Court: partial closures require a "substantial reason" and application of Waller factors)
- State v. Bethel, 110 Ohio St.3d 416 (public-trial error is structural and not waivable)
- State v. Lane, 60 Ohio St.2d 112 (policy reasons for public trials; public-trial protections)
- Estes v. Texas, 381 U.S. 532 (importance of courtroom setting and public access)
- State v. Dubose, 174 Ohio App.3d 637 (criticizes closing entire courtroom instead of excluding disruptive spectators)