Frederick J. Martineau v. Everett I. Perrin, Jr., Warden, New Hampshire State Prison, Respondent

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding petitioner and his counsel knowingly and deliberately waived his right to a public trial when they made a conscious decision not to object to the closure
• finding that a knowing and deliberate waiver of the right to a public trial was sufficient to overcome the constitutional presumption of prejudice arising from a bailiff's mistaken locking of the courtroom doors for several days of the trial
• finding that a knowing and deliberate waiver of the right to a public trial was sufficient to overcome the constitutional presumption of prejudice arising from a bailiff's mistaken locking of the courtroom doors for several days of the trial
• noting it is well “established that a criminal defendant can ‘waive his [or her] constitutional right to a public trial’” (citations omitted)
• “since a constitutional 6 right is involved, there had to be an intentional and knowing waiver”
• failure to object may constitute waiver where the defendant is, on the record, made aware of his rights and declines to object

Source: CourtListener parenthetical corpus (CC0).