Supreme Court of Colorado

James Robert Stackhouse, Petitioner v. the People of the State of Colorado, Respondent

June 29, 2015386 P.3d 440

Summary

The court affirmed the judgment because a defendant in Colorado affirmatively waives the right to a public trial by failing to object to a known courtroom closure during jury selection. It held that the United States Supreme Court's public-trial decisions do not displace Colorado's waiver rule, which applies even though an unwaived public-trial violation would be structural error. The court reviewed the waiver question de novo.