People v. Sullivan CA2/3

DISCUSSION

I. The Trial Court Did Not Violate Sullivan’s Right To a

Public Trial Sullivan contends the trial court violated his constitutional right to a public trial by twice excluding his mother from the courtroom. The court excluded Sullivan’s mother at the beginning of the trial pursuant to Evidence Code section 777 because she was a potential witness. Although she was later allowed to return, the court apparently excluded her again during defense counsel’s closing argument, until the end of trial, due to her disruptiveness in the courtroom. Although Sullivan frames the alleged error as a violation of his constitutional right to a public trial, the trial court did not close the proceedings to any spectators. The trial court did not abuse its discretion by excluding and removing Sullivan’s mother from the courtroom, or violate Sullivan’s constitutional rights to an open trial. A. Background On August 9, 2023, the trial court granted the People’s motion in limine “to exclude potential witnesses” pursuant to Evidence Code section 777. Based on this motion, the prosecution moved to exclude Sullivan’s mother, Nellina Hill, from the audience. Defense counsel objected on…