DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
203013P.pdf 06/27/2022 Tracy Alan Zornes v. William Bolin
U.S. Court of Appeals Case No: 20-3013
U.S. District Court for the District of Minnesota
[PUBLISHED] [Colloton, Author, with Loken and Shepherd, Circuit Judges]
Prisoner case - Habeas. The state court's decision that the exclusion of
Zorne's girlfriend and the victim's brother during jury selection did not
violate Zorne's right to a public trial was not contrary to clearly
established federal law; nor did the state court decision on the issue
involve an unreasonable application of clearly established federal law; in
the absence of any Supreme Court decision on the question, the court
agrees with the district court that fair-minded jurists could take the
view that the substantial reasons justifying witness sequestration during
the evidentiary portion of a trial extend to jury voir dire; the state
court decision that excluding the victim's brother from voir dire was "too
trivial" to implicate the Sixth Amendment was not an unreasonable
application of clearly established federal law; in any event, under any
standard of review, Zorne waived his present claim that exclusion of the
brother from the courtroom during jury selection violated the right to
public trial.