Rafael Angiano v. A. Scribner

MEMORANDUM

Following a jury trial, Petitioner was found guilty of kidnaping and first degree murder. During the course of the trial, Petitioner’s wife was excluded from the courtroom. Petitioner was sentenced to life without the possibility of parole. The conviction was affirmed in full by the California Court of Appeal. The California Supreme Court denied review, as did the United States Supreme Court.

Petitioner filed a federal habeas petition complaining that he was denied his Sixth Amendment right to a public trial because his wife was excluded from the courtroom. The petition was dismissed, and this appeal follows. We have jurisdiction pursuant to 28 U.S.C. § 1294 (1) and 28 U.S.C. § 2253 , and we affirm.

The Sixth Amendment guarantees a criminal defendant the right to a public trial. However, the United States Supreme Court has recognized that the Sixth Amendment guarantee of a public trial, which was created “for the benefit of the defendant” in that public access could provides assurance of a fair trial, must bend in certain cases to other rights or interests that are essential to the fair administration of justice. Waller v. Georgia, 467 U.S. 39, 45-46 , 104 S.Ct. 2210…