State v. Jackson

I concur in the result that the majority reaches but not in the path that it takes to get there. The majority begins by stating that some of the more difficult issues potentially posed by this case need not be resolved because “no showing of need to limit the public’s attendance at trial was made.” 178 Or App at 237. But the majority does not return to that decisive point until the end of its opinion. Id. at 244. It instead detours to construct a four-pronged test that is as uncertain in its application as it is in its source. Id. at 242-44. Applying that test, the majority then examines…