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 CourtListenerCited by
7 cases in this archive cite this case.
- Gannett Pacific Corp. v. RichardsonHawaii Supreme Court· 1978-05-26· cited 87×
- State v. OrtizHawaii Supreme Court· 1999-09-17· cited 82×
- State v. OkumuraHawaii Supreme Court· 1977-10-31· cited 49×
- State v. HashimotoHawaii Supreme Court· 1963-10-10· cited 18×
- Oahu Publications Inc. v. Ahn.Hawaii Supreme Court· 2014-07-16· cited 17×
- State v. SwansonHawaii Intermediate Court of Appeals· 2006-10-11· cited 8×
- State v. SchmidtHawaii Supreme Court· 1989-05-12· cited 3×
Cites
8 cases in this archive are cited by this case.
- Brown v. New JerseySupreme Court· 1899-11-20· cited 219×
- Rassmussen v. United StatesSupreme Court· 1905-04-10· cited 118×
- People v. HartmanCalifornia Supreme Court· 1894-06-26· cited 71×
- Davis v. United StatesEighth Circuit· 1917-12-31· cited 66×
- People v. MurrayMichigan Supreme Court· 1891-12-22· cited 61×
- State v. OsborneOregon Supreme Court· 1909-07-20· cited 49×
- Ex parte HigashiHawaii Supreme Court· 1906-04-06· cited 14×
- Territory v. PupuhiHawaii Supreme Court· 1918-12-20· cited 5×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.