North Dakota v. Pittenger

Alexander Pittenger appealed after a jury found him guilty of corruption and solicitation of a minor and from an order denying a motion to dismiss the charge. At the beginning of the trial the prosecutor requested closure of the courtroom during the juvenile complaining witness' testimony because it was "common practice, and it's provided by statute that the courtroom be closed." Pittenger's attorney objected because "my client has a right to an open and public trial." The district court did not conduct a hearing, make findings, or analyze the appropriate factors, and considered only that the complaining witness was a minor. The North Dakota Supreme Court concluded this was a structural error that required reversal of the criminal judgment. View "North Dakota v. Pittenger" on Justia Law