Judge's failure to justify sealing jury information with hearing and factual findings leads to reversal

Article Abstract:

The US Court of Appeals for the Third Circuit ruled in United States v. Antar that the trial judge failed to justify restrictions placed on reporters wishing to gain access to jurors and jury deliberation records. The judge had cited general concerns that releasing names of jurors while the trial was ongoing would harm deliberations, but the judge failed to make any particularized showing that the gag order was needed. The court was also mistaken in assuming that press organizations had the burden of claiming access to records. The party requesting closure has the burden of proof.

United States

---

Trial gag order made with no finding of necessity reversed

Article Abstract:

The Montana Supreme Court ruled in Montana ex rel. The Missoulian v. Montana Twenty-First Judicial District Court that the trial court erred in issuing a gag order in a murder trial without making any evidentiary record as to the necessity of the closure. The Supreme Court found that the public does have a right to hear about criminal proceedings. Restrictions on this right of access must be narrowly tailored, there must be no less restrictive means of vindicating the defendant's fair trial rights and the public must be given an opportunity to be heard on the issue.

Montana

---

Newspaper loses appeal of order barring press from courtroom

Article Abstract:

The California Court of Appeal, the California Supreme Court and the US Supreme Court all declined to review a trial judge's gag order in State v. Shoemaker. Media agencies were particularly interested in the case because of the decision to retry the murder defendant, but the defendant was concerned that media coverage would compromise his fair trial rights. The trial court granted motions barring press and public access to the court and to voir dire questionnaires.

Cases, California, Public and closed trials, Right to public trial

Similar abstracts:

• Abstracts: FOI faces challenge in frightened nation. Disclosure challenges arise in agency files. Reporters, lawyers and protective orders
• Abstracts: Private sector aided massive sealift operations, says admiral. On Littoral ship, manning is major challenge
• Abstracts: Sunshine Week highlights need for yearlong vigilance at state and federal levels. More daunting tests ahead pitting 'right to know' against 'need to know'
• Abstracts: Bad air investigating pollution: dirty deals in reshaping economy, county eases way for diesel truck pollution
• Abstracts: Boats and booze. Spending time to craft writing plan best presentation of story. Public slumlord

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.