Decision  Commonwealth v. Robinson

Date: 07/26/2018
Organization: Massachusetts Supreme Judicial Court

Commonwealth v. Robinson
Supreme Judicial Court, July 26, 2018
(Defendant’s Rights/Courtroom Closure)

A defendant who fails to raise a timely objection to a closure at trial procedurally waives review of that claim under the standard designated for preserved claims of structural error.

Note:  “We emphasize that, although a defendant who fails to object to the closure at trial forfeits or procedurally waives the more favorable standard of review, the defendant does not waive the right to raise the claim. We review unpreserved court room closure claims to determine whether the improper closure created a substantial risk of a miscarriage of justice.”

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