IX. Trivial or De Minimis Closures

• Library: The Rights of the Accused under the Sixth Amendment (ABA) (2016 Ed.)

IX. Trivial or De Minimis Closures

Some closures seem trivial beyond cavil and have not warranted a new trial, such as exclusion of the public from "cumulative" testimony that composed less than six pages of a trial transcript of over 900 pages,⁸⁶ or where the closure was limited and inadvertent.⁸⁷ While some courts have recognized a triviality exception,⁸⁸ the breadth of this exception is likely narrow.⁸⁹

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Notes:

^[86] . Brown v. Kuhlmann, 142 F.3d 529, 531 (2d Cir. 1998).

^[87] . Peterson v. Williams, 85 F.3d 39, 41 (2d Cir. 1996) (inadvertent closure for twenty minutes did not violate Sixth Amendment).

^[88] . Id at 42; United States v. Perry, 479 F.3d. 885, 890 (D.C. Cir...