State High Court Split on 'Post Hoc Assertions' of 'Waller' Factors When Excluding Disruptive Courtroom Spectator
“The trial court didn’t even understand that ‘Waller’ applied in these circumstances, so for the [Colorado Supreme] Court, on its own initiative, to make its own findings to satisfy each of the ‘Waller’ factors, I think it’s entirely contrary to existing United States Supreme Court precedent and also Colorado public-trial precedent, as well,” said Gregory Lansky, a Colorado-based criminal defense attorney who represented one of the defendants.