When jury selection began in Eric Presley’s cocaine trafficking trial at the DeKalb County Courthouse in Georgia, the trial court excluded Eric’s uncle from the courtroom saying “[t]here’s no need for the uncle to be present during jury selection.” Defense counsel wisely objected to the exclusion, asking for “some accommodation” but the trial court explained that the courtroom would be full of jurors and that the uncle was welcome back “when the trial starts.” Sound familiar? The public trial issue was preserved in the post trial motion but the conviction was affirmed by the Georgia Supreme Court. However, in a per curium decision by the U.S. Supreme Court on 1/19/10, the Sixth Amendment right to a public trial, including voir doir, was vindicated. Read all about it in Eric Presley v Georgia 558 U.S.____(2010).
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