Legal Opinion · Concurrence

Kovaleski v. State

Supreme Court of Florida

Decided October 25, 2012No. SC09-536Published

1ConcurrencePariente, J.

While I agree with approving the result reached by the Fourth District that Ko-valeski is not entitled to relief, I also agree with the Third District in Alonso that under the facts and circumstances of that case, the automatic application of the statute resulted in a constitutional violation of the defendant’s right to a public trial. As explained by the United States Supreme Court, “it is clear that the circumstances of the particular case may affect the significance of the interest.” Globe Newspaper Co. v. Superior Court for Norfolk Cnty., 457 U.S. 596, 608, 102 S.Ct. 2613, 73 L.Ed.2d 248…

2Cases cited19 opinions

  1. Waller v. GeorgiaSupreme Court of the United States · 1984
  2. Globe Newspaper Co. v. Superior Court, County of NorfolkSupreme Court of the United States · 1982
  3. State v. DrummondOhio Supreme Court · 2006
  4. United States v. Arnold Sherlock and Ronald CharleyCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Robert P. Deluca, Sr., United States of America v. Gerard T. Ouimette, United States of America v. Gerard T. OuimetteCourt of Appeals for the First Circuit · 1998

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