Tolbert v. State, 321 Ga. App. 637

Tolbert was convicted of child molestation, aggravated child molestation, enticing a child for indecent purposes, and aggravated sodomy; the trial court denied his motion for new trial.
On appeal, Tolbert argues trial court erred when it closed the courtroom at two points and when bench conferences occurred outside his presence.
Trial court closed the courtroom twice: during publication of the victims' statements/video recordings and during the two victims' live testimony; OCGA § 17-8-54 permits partial closure for under-16 sex-offense testimony.
Tolbert’s counsel participated in the decision to close the courtroom for the videos, suggesting acquiescence rather than error; at issue is whether these closures violated public-trial or defendant-presence rights.
Tolbert argues he was deprived of presence at bench conferences and that closures were improper; the court concludes waiver and statutory authorization support the closures, and that absence from bench conferences did not violate his rights; the judgment is affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Were the courtroom closures legally permissible under OCGA 17-8-54?	Tolbert asserts the closures violated public-trial rights.	State contends §17-8-54 authorizes partial closure for under-16 victims and closures were proper.	Closures authorized; first closure partially but Tolbert acquiesced; second closure justified by statute.
Did Tolbert's absence from bench conferences violate his right to be present at critical stages?	Tolbert's absence violated his right to be present.	Conferences concerned legal/logistical issues to which he could not contribute meaningfully.	No violation; absence did not impair ability to defend and Tolbert could not contribute to those discussions.

Hunt v. State, 268 Ga. App. 568 (Ga. App. 2004) (supports limited closure and public-trial considerations)
Clark v. State, 309 Ga. App. 749 (Ga. App. 2011) (partial closure permitted; public-trial concerns weighed)
Goldstein v. State, 283 Ga. App. 1 (Ga. App. 2006) (limits on closure where not allowed by statute)
Delgado v. State, 287 Ga. App. 273 (Ga. App. 2007) (waiver when defendant acquiesces or fails to object timely)
Parks v. State, 275 Ga. 320 (Ga. 2002) (right to be present not violated when discussions concern non-critical matters)
Campbell v. State, 292 Ga. 766 (Ga. 2013) (right to be present not violated for legal matters lacking meaningful defendant contribution)
Barrett v. State, 275 Ga. 669 (Ga. 2002) (presence not required where defendant could not contribute and later was present for further proceedings)