John Drummond v. Marc Houk

CONCURRING IN THE JUDGMENT

In the seminal case In re Oliver, the Supreme Court granted a petition for a writ of habeas corpus and held that the' Sixth Amendment’s guarantee of the right to a public trial applied to the states through the Due Process Clause of the Fourteenth Amendment. 333 U.S. 257, 273, 278, 68 S.Ct. 499, 92 L.Ed. 682 (1948). In doing so, the Court traced the history of the Sixth Amendment’s public trial guarantee:

This nation’s accepted practice of guaranteeing a public trial to an accused has its roots in our English common law heritage. The exact date of its origin is…