980 So. 2d 367 - Ex Parte Easterwood’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘[1] [T]he party seeking to close the hearing ... advance[s] an overriding interest that is likely to be prejudiced, [2] the closure [is] no broader than necessary to protect that interest, [3] the trial court ... considers] reasonable alternatives to closing the proceeding, and [4] [the trial court] make[s] findings adequate to support the closure.’ ” 1”

   2 later decisions quote this exact passage
   e.g. Smith v. State · Hall v. State

2. ““In finding a ‘substantial reason’ for the partial closure, as opposed to the more stringent ‘overriding interest,’ the trial court still must satisfy the three remaining requirements of the Waller test. A partial closure usually entails the exclusion of the general public from the courtroom proceedings while allowing the defendant’s family, friends, and members of the press to remain, unless a specific reason exists for excluding the latter. Judd v. Haley, supra; Douglas [v. Wainwright, 739 F.2d 531 (11th Cir.1984)]. “We now apply these principles to the facts presented by this case. The Court of Criminal Appeals concluded that the closure of the courtroom here amounted to a partial closure because, it reasoned, the trial court permitted Easterwood’s mother to remain in the courtroom during G.W.B.’s testimony. Therefore, the Court of Criminal Appeals determined that the Waller test was not applicable. We disagree. A partial closure usually contemplates that the defendant’s family, friends, and members of the press will remain in the courtroom. The record indicates that most, if not all, of the spectators in the courtroom were family and friends of Easterwood. If Easter-wood’s mother was the only person allowed to remain in the courtroom, it is doubtful that the constitutional considerations of the public-trial guarantee—promoting a fair trial, discouraging perjury, and ensuring that the prosecutor, judge, and jury act responsibly—could be adequately protected. Thus, we concl”

   1 later decision quote this exact passage
   e.g. Demouey v. State

3. ““In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude from the courtroom all persons, except such as may be necessary in the conduct of the trial; and, in all other cases where the evidence is vulgar, obscene or relates to the improper acts of the sexes and tends to debauch the morals of the young, the presiding judge shall have the right, by and with the consent and agreement of the defendant, in his discretion and on his own motion, or on the motion of the plaintiffs or defendants or their attorneys, to hear and try the said case after clearing the courtroom of all or any portion of the audience whose presence is not necessary.””

   1 later decision quote this exact passage
   e.g. Demouey v. State