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Patrick Huff v. Florida

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D19-3750 · judgment March 3, 2021

Certiorari denied · May 2, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Globe Newspaper Co. v. Superior Court for Norfolk County, 457 U.S. 596 (1982), this Court held that a state’s mandatory courtroom closure rule, triggered by the testimony of a minor victim of certain sex offenses, violated the First Amendment. Two years later, in Waller v. Georgia, 467 U.S. 39 (1984), this Court held that before closing a courtroom to members of the public, the Sixth Amendment requires a court to (1) consider whether an overriding interest is likely to be prejudiced absent closure; (2) ensure that the closure be no broader than necessary to protect that interest; (3) consider reasonable alternatives to the requested closure; and (4) make specific factual findings relating to these factors. The question presented is: Whether, as the court below and two other states hold, trial courts may close a courtroom pursuant to a closure statute without undertaking the Waller analysis; or, as nine states and the federal courts of appeals hold, the Sixth Amendment and Waller require an assessment of the specific facts of the case and proposed closure, notwithstanding the existence of a statute governing closure. (i)

Counsel of record

For petitioner
Devi Maheswari Rao
Roderick & Solange MacArthur Justice Center

For respondent
Henry Charles Whitaker
Florida Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. May 02 2022
    Petition DENIED.
  2. Apr 13 2022
    DISTRIBUTED for Conference of 4/29/2022.
  3. Apr 12 2022
    Reply of petitioner Patrick Huff filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Mar 25 2022
    Brief of respondent Florida in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Feb 22 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including March 25, 2022.
  6. Feb 18 2022
    Motion to extend the time to file a response from February 25, 2022 to March 25, 2022, submitted to The Clerk.
    Main Document
  7. Jan 12 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2022.
  8. Jan 11 2022
    Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
    Main Document
  9. Dec 27 2021
    Response Requested. (Due January 26, 2022)
  10. Dec 23 2021
    Brief amici curiae of Law Professors Justin Murray and Jocelyn Simonson filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  12. Dec 20 2021
    Waiver of right of respondent Florida to respond filed.
    Main Document
  13. Dec 17 2021
    Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Nov 18 2021
    Petition for a writ of certiorari filed. (Response due December 23, 2021)
    PetitionAppendixCertificate of Word CountProof of Service