Joseph Morgan v. Bernie Aispuro, Superintendent Attorney General of the State of California

Joseph Morgan petitioned for a writ of habeas corpus on the ground that his right to a fair trial was violated by the use of a security courtroom. The district court denied his petition. We have jurisdiction, hold that such a security measure is not inherently prejudicial and affirm.

I

Morgan was convicted in a California court of murder and conspiracy to commit murder, and was sentenced to life imprisonment on each count. On the day the jury panel was to be sworn in, the state trial court announced its intention to try the case in a security courtroom. The security courtroom had a wire-reinforced glass partition and bars separating the spectator area from the court area.

Morgan’s counsel objected to the move and requested a continuance or stay to permit him to seek a writ from the California Court of Appeal. The state court judge denied the motions, but offered counsel the opportunity to have all proceedings take place in the security courtroom. Counsel refused this offer and the jury panel was sworn in and voir dire was begun in a non-security courtroom. The following day, jury selection continued in the non-security courtroom. After the afternoon recess, the proceedings were…