United States v. Armon Thompson
713 F.3d 388
8th Cir.2013Background
- Thompson pled guilty to one count of felon in possession of a firearm and was sentenced to 120 months’ imprisonment.
- Campbell, a potential witness, testified at sentencing after Detective Coates described Campbell’s information alleging Thompson’s involvement in a drive-by shooting.
- prior to Campbell’s testimony the court ordered the courtroom cleared due to Campbell’s safety concerns, excluding court staff but not media.
- Thompson’s counsel objected to closure, arguing the public nature of the sentencing and lack of safety threats to Campbell.
- The district court found the closure a partial closure justified by witness safety, and Thompson appeals the open-public-trial violation, asserting Sixth Amendment rights were violated; the panel reviews for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Sixth Amendment public-trial right attaches at sentencing | Thompson: right applies to sentencing | Court: right attaches at sentencing | Yes, right attaches at sentencing |
| Whether partial courtroom closure was improper | Thompson: closure violated public access | Court: partial closure permissible with substantial interests | No abuse of discretion; partial closure upheld |
| Whether closure was justified by witness safety | Thompson: safety concerns not sufficient | government witness feared retaliation; closure warranted | Closure justified by safety concerns; not an abuse of discretion |
| What standard governs review of closure decisions | Thompson: strict Waller override applicable | Court uses abuse-of-discretion with partial-closure standard | Abuse-of-discretion standard; partial-closure factors applied |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (1984) (public-trial right benefits defendant; open proceedings protective of fairness)
- Presley v. Georgia, 558 U.S. 209 (2010) ( Sixth Amendment public-trial right coexists with First Amendment access; benefits to accused)
- United States v. Alcantara, 396 F.3d 189 (2d Cir. 2005) (First Amendment public access at sentencing discussed; relevance to Sixth Amendment)
- United States v. Thunder, 438 F.3d 866 (8th Cir. 2006) (public-trial protections and openness principles cited)
- Press-Enter. Co. v. Super. Ct. of Cal. for Riverside Cnty., 478 U.S. 1 (1986) (First Amendment public access informs Sixth Amendment sentencing openness)