CASE LAW UPDATE: Whether the trial court violated defendant’s constitutional right to a public trial?
Defendant was convicted of 2nd degree driving while impaired and driving after cancellation as inimical to public safety. During the trial, the trial court conducted voir dire of a juror in chambers in order to protect the other jurors from the bias of that juror. Defendant appealed on the grounds that his constitutional right to a public trial was violated. The Minnesota Court of Appeals held that the trial court violated the defendant’s constitutional right to a public trial, and that the court should have rather, excused the other jurors from the courtroom and conducted voir dire in the open, public courtroom. Reversed and remanded.
State v. Montonye, A20-0640, Stevens County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.