Kovaleski v. State
Opinion Date: October 25, 2012
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
Petitioner was convicted
by a jury of two counts of lewd and lascivious acts on a minor. The
court of appeal reversed and remanded for a new trial. At Petitioner's
second trial, the trial court partially closed the courtroom during the
testimony of the victim pursuant to Fla. Stat. 918.16(2), which provided
for partial closure of the courtroom during the testimony of a victim
of a sex offense upon the victim's request. Appellant was again
convicted of the charges. The court of appeals affirmed Appellant's
convictions. The Supreme Court affirmed, holding (1) Appellant was not
denied his right to a public trial by the trial court's partial closure
during the victim's testimony; and (2) a partial closure pursuant to
section 918.16(2) acceptably embraces the requirements set forth in the
U.S. Supreme Court's decision in Waller v. Georgia.
