Commonwealth v. LaChance

(dissenting, with whom Lenk, J., joins). It is, as the court notes, “well settled that the violation of a defendant’s right to a public trial is structural,” ante at 857, and that the public trial right under the Sixth Amendment to the United States Constitution applies as much to jury empanelment as to “the actual proof at trial.” Presley v. Georgia, 558 U.S. 209, 212 (2010). Today’s decision effectively forecloses vindication of this constitutional right on collateral review, even in cases where trial counsel has rendered constitutionally deficient performance in failing to object when the…