People v. Smith

This case presents question as to whether trial court violated defendant’s right to public trial in instant murder prosecution when it granted State’s motion in limine to exclude defendant’s mother from courtroom until prosecutor indicated that she would no longer be called as witness. Appellate Court, in reversing defendant’s murder conviction, found that trial court had failed to properly apply Waller test to justify mother’s exclusion, especially where State had ample alternative evidence on issues mother might have testified, and where State failed to show that there was any reasonable probability that mother would actually testify. Appellate Court further found that violation of right to public trial is recognized as structural error that required reversal of conviction and remand for new trial. In its petition for leave to appeal, State argued that trial court does not impinge on right to public trial when it is merely exercising its discretion to temporarily exclude witnesses during trial.