Legal Opinion · Dissent

State v. Dubose

Ohio Court of Appeals

Decided December 31, 2007No. 05 MA 142Published

1DissentVukovich, Judge

{¶ 124} I dissent from the decision to remand for a new trial. I do not believe that the trial court abused its discretion in ordering the trial closed to spectators for the testimony of Bobby Kelly. See State v. Drummond, 111 Ohio St.3d 14, 2006-Ohio-5084, 854 N.E.2d 1038, ¶ 58 (using abuse-of-discretion standard of review in such a case).

{¶ 125} The right to a public trial is important; however, it is not absolute. Id. at ¶ 51. At times, it must yield to interests that are essential to justice and to the practicality that a trial court has the discretion to impose certain controls over its…

2Cases cited3 opinions

  1. State v. DrummondOhio Supreme Court · 2006
  2. United States v. BrazelCourt of Appeals for the Eleventh Circuit · 1997
  3. State v. Scott, 05-Ma-215 (11-23-2007)Ohio Court of Appeals · 2007

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