Dist. Ct. did not err in denying defendants’ habeas petitions challenging their convictions on ground that Wisconsin state trial court violated their 6th Amendment rights under Presley, 558 U.S. 209, by forbidding members of public to attend their voir dire proceedings. Defendants forfeited instant issue on appeal where their trial counsel failed to object to trial court’s ruling that banned public from voir dire proceedings. Ct. rejected defendants’ claim that instant 6th Amendment issue could only be waived via their open statement in court, as opposed to forfeited through counsel’s actions, where Ct. found that defendants had “evidently agreed” with their counsel not to seek admission of public at voir dire proceeding, especially where it was plausible that defendants did not wish to have public view voir dire proceeding given serious nature of their charges (reckless homicide and destruction of corpse).
Federal 7th Circuit Court
Criminal Court
Sixth Amendment