465 F. App'x 477
6th Cir.2012Background
- Johnson convicted of second-degree murder, assault with intent to commit murder, and firearm possession in state court.
- He challenges (1) trial closure to spectators for key witness testimony and (2) counsel’s approval of closure as ineffective assistance.
- Closure occurred after witnesses feared retaliation following other killings; the prosecutor sought closure and defense consented but asked to hide reason from jury.
- Trial court closed for 1 hour 42 minutes during testimony of three key witnesses; the Michigan Court of Appeals affirmed.
- Johnson filed a federal habeas petition; district court denied; this court previously remanded for an evidentiary hearing; Cullen v. Pinholster limits apply; Supreme Court precedent on public trials governs.
- Court affirms district court’s denial of habeas relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether closure violated the public-trial right. | Johnson—closure violated Waller’s public-trial protections. | State—closure justified by compelling witness safety interests. | No clear error; four-prong Waller test satisfied. |
| Whether counsel was ineffective for consenting to closure. | Counsel’s consent to closure was unreasonable under Strickland. | Closure justified; counsel’s acquiescence reasonable. | Not deficient performance; approval reasonable under circumstances. |
| Whether the state court reasonably applied Waller given consent to closure. | State court misapplied Waller when defendant consented to closure. | Consent changes application of Waller; not required to sua sponte consider alternatives. | State court reasonably applied precedent. |
| Whether the failure to consider alternatives due to consent was error. | Court should have considered alternatives despite consent. | Levine allows non-sua sponte approach when defendant does not object; replaced by Presley in different posture. | Not unreasonable under controlling precedent. |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (public-trial requirements and closure standards)
- Presley v. Georgia, 130 S. Ct. 721 (S. Ct. 2010) (clarified sua sponte duty when objections are raised)
- Levine v. United States, 362 U.S. 610 (U.S. 1960) (forfeiture of public trial right when defendant consented with no objection)
- Greene v. Fisher, 132 S. Ct. 38 (S. Ct. 2011) (limitations on federal-aid review of state-court adjudications)
- Peretz v. United States, 501 U.S. 923 (U.S. 1991) (treatment of public-trial protections in certain contexts)
- Railey v. Webb, 540 F.3d 393 (6th Cir. 2008) (application of Waller principles on appeal)
- Woods v. Kuhlmann, 977 F.2d 74 (2d Cir. 1992) (example of close-closure justified by witness fear)
- Martin v. Bissonette, 118 F.3d 871 (1st Cir. 1997) (partial-closure precedents and family-member considerations)