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Territory v. Scharsch

Citations

  • 25 Haw. 429
  • 1920 Haw. LEXIS 45

Syllabus

<p>Criminal Law — trial—public trial — what constitutes.</p> <p>Under the Sixth Amendment to the United States Constitution declaring that in all criminal prosecutions the accused shall enjoy the right to a public trial it is error to exclude all persons excepting officers of the court and any one particular person whom the defendant would like to have present.</p> <p>Same — same—same—same—presumption of enforcement of order.</p> <p>In the absence of a showing to the contrary it is to be presumed that an order excluding the public from the courtroom during a criminal trial was enforced and that it was prejudicial to the rights of the defendant.</p> <p>Same — same—same—same—denial of constitutional right — presumption of prejudice — burden of proof.</p> <p>Where a defendant is denied the constitutional right of a public trial he is presumed to be prejudiced and the burden is not upon him to show injury by reason of the deprivation.</p>

How courts have described this case

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

  • new trial granted where all members of the public excluded from the defendant’s trial, because “[t]he order of the court ... deprived the accused of a right guaranteed to him by the Federal Constitution[,] and the exception thereto must be sustained”
  • new trial granted where all members of the public excluded from the defendant’s trial, because “[t]he order of the court ... deprived the accused of a right guaranteed to him by the Federal Constitution[,] and the exception thereto must be sustained”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coke, Edixgs, Kemp

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

8 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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