United States Eighth Circuit

Denial of a petition for habeas relief from a conviction for first-degree criminal sexual conduct for the rape of defendant's girlfriend's thirteen-year-old daughter is affirmed where: 1) defendant did not merely fail to object, he agreed to a partial closure of the courtroom while the victim testified, and thus he waived a claim that his Sixth Amendment right to public trial was violated by the partial closure; and 2) the waiver decision was an independent and adequate state ground precluding the grant of federal habeas relief.

Appellate Information

• Decided 08/20/2007
• Published 08/20/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BYE and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert J. Kolstad, argued Minneapolis, MN, for appellant.


• For Appellees:
  
• Jean Burdorf, argued, Michael K. Walz, Assistant County Attorney, on the brief, Hennepin County Attorney's Office, Minneapolis, MN, for appellee.