Opinion
NO. 2011-1921
09-03-2014
State v. Sowell
MOTION AND PROCEDURAL RULING.
This cause is pending before the court as a death-penalty appeal from the Court of Common Pleas for Cuyahoga County.
Upon review of the case, it is ordered by the court that the parties are to file additional briefs addressing the following issues:
(1.) "Was the appellant denied his Sixth Amendment right to a public trial when the trial court closed the courtroom to the public during the suppression hearing on July 21, 2010?"
(2.) "Was the appellant denied his Sixth Amendment right to a public trial when the trial court closed the courtroom to the public during the voir dire conducted June 6 through June 21, 2011?"
(3.) "Does the appellant's failure, on both occasions, to object at the time the closure orders were made waive appellate review of these closures?" Each party shall file a brief addressing these issues within 30 days of the date of this entry. Responsive briefs shall be filed within 20 days after the filing of the initial briefs. No reply briefs shall be permitted and no requests or stipulations for extension of time shall be filed.
O'DONNELL, LANZINGER, and KENNEDY, JJ., dissent and would not order additional briefing.