State v. Coons

Citations

• 992 N.W.2d 521
• 2023 ND 115

Syllabus

A closure may occur where some or all members of the public are precluded from perceiving contemporaneously what is transpiring in the courtroom, because they can neither see nor hear what is going on. When questioning occurs at the bench, the public can still observe the proceedings, thus furthering the values that the public trial right is designed to protect, and can hear the general questions posed to the jury panel. A trial court has great discretion over how to conduct a trial and to keep questioning within bounds and may remind counsel to refrain from further incursions into collateral and immaterial matters. A district court has the common law power to explain, summarize, and comment on the facts and evidence and may also question witnesses and analyze and dissect the evidence. A court may not, however, act as a witness, nor add to or distort the evidence. If a judge exceeds the limitations on his power, it may amount to prejudicial error and require reversal.