State v. Frawley

¶54 (dissenting) — The lead opinion reverses the convictions in Frawley and Applegate for public trial violations even though Ronald Applegate affirmatively waived his right to a public trial and Brian Frawley never objected to the in-chambers questioning of one juror and, in fact, consented to it. I respectfully dissent.

Wiggins, J.

¶55 I agree with Justice Gordon McCloud that a criminal defendant may affirmatively waive his or her right to a public trial as long as the waiver meets the constitutional standard for waiver. Concurrence/dissent at 470. Thus, like Justice Gordon McCloud, I would…