People v. Radford

Defendant was convicted, after jury trial, of endangering the life or health of a child, after his 26-month-old daughter died from traumatic brain injuries. The trial court observed "emotions running high" due to the nature of the case, and expressed concern about the possibility of a mistrial if members of the public reacted or expressed emotion in a way that impacted the venire, and court thus found that a partial closure of courtroom was necessary. Court did not commit clear or obvious error as to Defendant's right to a public trial by partially closing the courtroom during jury selection. The defense chose the family members who remained in the courtroom each day of jury selection. The court's decision to limit public access to the courtroom therefore required Defendant's cooperation, and did not call into question the confidence of the public in the integrity and impartiality of the court system. No ineffective assistance of counsel by defense counsel failing to challenge or ask for clarification as to the jury instructions describing mental state for offense as "willfully" rather than "knowingly". (A. BURKE, KILBRIDE, GARMAN, and KARMEIER, concurring; NEVILLE, dissenting.)