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Chris Noel Tagunicar v. California
Paid petition · Superior Court of California, County of Mateo, Appellate Division, No. 21-AD-000009 · judgment December 15, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Sixth Amendment guarantees a criminal defendant a public trial. In Presley v. Georgia, 558 U.S. 209 (2010) (per curiam), this Court held that excluding the public from voir dire of prospective jurors in a criminal trial violated the Sixth Amendment. This Court in South Bay United Pentecostal Church v. Newsom, 592 U.S. ___, 141 S.Ct. 716 (2021) struck down California’s total ban on indoor religious worship services during the COVID-19 pandemic. The Court protected one of our nation’s core Bill of Rights values, the First Amendment right to the free exercise of religion. The same pandemic led a California trial court to impose a total ban on the “public” aspect of a criminal trial. The exclusion of the public from petitioner’s trial touches upon another of our nation’s core Bill of Rights values, the Sixth Amendment right to a public trial. The questions presented are:
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Does the Sixth Amendment public trial right mean that members of the public have a right to be physically present in the courtroom during the trial, including during the COVID-19 pandemic?
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May a criminal defendant assert the media’s First Amendment right to be physically present in the courtroom during trial?
Counsel of record
For petitioner
Paul Francois DeMeester
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Jun 28 2023DISTRIBUTED for Conference of 9/26/2023.
- May 11 2023Petition for a writ of certiorari filed. (Response due June 14, 2023)