Douglas v. Wainwright, 739 F.2d 531 (11th Cir. 1984). · Go Syfert
Douglas v. Wainwright, 739 F.2d 531 (11th Cir. 1984). Cases Citing This Book View Copy Cite
Quick Summary

To claim ineffective assistance of counsel, a defendant must show unreasonable performance and a reasonable probability that the outcome would have been different.

Following a remand from the Supreme Court, the court considers whether recent decisions regarding public trials and ineffective assistance of counsel change a prior holding. Regarding the public trial issue, the court determines that the legal standards for partial closure differ from those for total closure and that the defendant's Sixth Amendment rights were not violated because some public access was maintained. Regarding the ineffective assistance of counsel claim, the court applies the two-prong test requiring a showing of unreasonable performance and reasonable probability of prejudice. Because counsel's performance was objectively unreasonable and likely affected the outcome, the court finds the defendant is entitled to habeas relief.

201 citation events (105 in the last 25 years) across 53 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
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Cited for
At page 533 Determining the required reason for partial closures30 citing cases“only a 'substantial' rather than 'compelling' reason for the closure was necessary.”2 citing courts quote it
  • Ernest Randy Judd v. Michael W. Haley, 250 F.3d 1308 (11th Cir. 2001).published 12 cites
    See Douglas, 739 F.2d at 532 ("The most important distinguishing factor is that Waller involved a total closure ... the press and the public having been specifically excluded, whereas Douglas entailed only a partial closure, as the press a…
  • United States v. Tamarcus Ellis, 182 F.4th 403 (4th Cir. 2026).published
    See United States v. Smith, 117 F.4th 584, 597 (4th Cir. 2024), cert. denied, 146 S. Ct. 92 (2025); see also Bucci v. United States, 662 F.3d 18, 23 (1st Cir. 2011); 4 USCA4 Appeal: 25-4028 Doc: 52 Filed: 07/20/2026 Pg: 5 of 32 Woods v. Ku…
  • (DP) Catlin v. Davis, No. 1:07-cv-01466, 2019 WL 6885017 (E.D. Cal. Dec. 17, 2019). 2 cites
    See, e.g., Jones v. Henderson, 809 F.2d 946, 951 (2d Cir.1987); Douglas v. Wainwright, 739 F.2d 531, 533 (11th Cir.1984), cert. denied, 469 U.S. 1208 , 13 105 S.Ct. 1170 , 84 L.Ed.2d 321 (1985).
  • State of Maine v. Kenneth Frisbee, 2016 ME 83, 140 A.3d 1230.published
    See, e.g., United States v. Simmons, 797 F.3d 409 , 414 *1239 (6th Cir.2015); United States v. DeLuca, 137 F.3d 24, 33 (1st Cir.1998); United States v. Osborne, 68 F.3d 94, 99 (5th Cir.1995); United States v. Farmer, 32 F.3d 369, 371-72 (8…
  • Littlejohn v. United States, 73 A.3d 1034 (D.C. 2013).published
    See, e.g., Bucci v. United States, 662 F.3d 18, 23 (1st Cir.2011) (" ‘substantial’ interest, rather than a 'compelling' one, will justify partial closure”); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992); Nieto v. Sullivan,…
  • State v. Sublett, 292 P.3d 715 (Wash. 2012).published
    Bucci v. United States, 662 F.3d 18, 23 (1st Cir. 2011), cert. denied, 133 S. Ct. 277 (2012); United States v. DeLuca, 137 F.3d 24, 32-35 (1st Cir. 1998); United States v. Smith, 426 F.3d 567, 571-74 (2d Cir. 2005); Woods v. Kuhlmann, 977…
  • Kovaleski v. State, 103 So. 3d 859 (Fla. 2012).published
    Compare United States v. DeLuca, 137 F.3d 24, 33-34 (1st Cir.1998) (applying “substantial reason” test to partial closures); United States v. Osborne, 68 F.3d 94, 99 (5th Cir. 1995) (same); United States v. Farmer, 32 F.3d 369, 371 (8th Ci…
  • State v. Turrietta, 258 P.3d 474 (N.M. Ct. App. 2011).published
    Woods v. Kuhlmann, 977 F.2d 74, 76 (2d Cir.1992) (internal quotation marks omitted); Osborne, 68 F.3d at 98-99 ; United States v. Farmer, 32 F.3d 369, 371 (8th Cir.1994); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992); Nieto…
  • State v. Turrietta, 2011-NMCA-080, 258 P.3d 474.published
    Woods v. Kuhlmann, 977 F.2d 74, 76 (2d Cir.1992) (internal quotation marks omitted); Osborne, 68 F.3d at 98-99 ; United States v. Farmer, 32 F.3d 369, 371 (8th Cir.1994); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992); Nieto…
  • Drummond v. Houk, 761 F. Supp. 2d 638 (N.D. Ohio 2010).published
    Drummond, 111 Ohio St.3d at 22 , 854 N.E.2d 1038 (citing Woods v. Kuhlmann, 977 F.2d 74, 76 (2d Cir.1992); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1989); Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir.1989); Douglas v. Wain…
Show 20 more citing cases
  • Commonwealth v. Cohen, 921 N.E.2d 906 (Mass. 2010).published 2 cites
    Charley v. United States, 506 U.S. 958 (1992) (excluding defendants’ families during testimony of one witness constituted partial closure); Douglas v. Wainwright, 739 F.2d 531, 532 (11th Cir. 1984), cert, denied, 469 U.S. 1208 (1985) (case…
  • United States v. Perry, Antoine, 479 F.3d 885 (D.C. Cir. 2007).published
    While we have not addressed the issue, the Government points out that several circuits require that the prosecution advance only a “substantial” interest—not an "overriding” interest—to support a “partial” closing because “partial closures…
  • United States v. Wendell Smith, 426 F.3d 567 (2d Cir. 2005).published
    Woods v. Kuhlmann, 977 F.2d 74, 76 (2d Cir.1992); see also United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992) (as amended); Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir.1989); Douglas v. Wainwright, 739 F.2d 531, 533 (11th Cir…
  • State v. Ortiz, 981 P.2d 1127 (Haw. 1999).published
    See, e.g., United States v. Farmer, 32 F.3d 369, 371 (8th Cir.1994); United States v. Galloway, 937 F.2d 542, 546 (10th Cir.1991); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1989); Douglas v. Wainwright, 739 F.2d 531, 533 (11t…
  • Walker v. State, 723 A.2d 922 (Md. Ct. Spec. App. 1999).published
    See, e.g., United States v. Osborne, 68 F.3d 94, 98-99 (5th Cir.1995); *73 United States, v. Farmer, 32 F.3d 369, 371 (8th Cir.1994); Woods v. Kuhlmann, 977 F.2d 74, 76 (2d Cir.1992); United States v. Sherlock, 962 F.2d 1349, 1356-57 (9th…
  • United States v. Robert P. Deluca, Sr., United States of Am. v. Gerard T. Ouimette, United States of Am. v. Gerard T. Ouimette, 137 F.3d 24 (1st Cir. 1998).published
    See Osborne, 68 F.3d at 98-99 ; United States v. Farmer, 32 F.3d 369, 371-72 (8th Cir.1994); Woods, 977 F.2d at 76 ; United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1989); Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir.1989); Dougl…
  • Steven Ayala v. Hubert Speckard, Superintendent of Groveland Corr. Facility, Charles Okonkwo v. Peter J. Lacy, Superintendent of Bare Hill Corr. Facility, Howard Pearson v. Charles James, Superintendent of Collins Corr. Facility, 131 F.3d 62 (2d Cir. 1997).published 2 cites
    See United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992) (as amended) ("substantial reason" for partial closure); Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir.1989) (same); Douglas v. Wainwright, 739 F.2d 531, 533 (11th Cir.1984…
  • Ayala v. Speckard, 131 F.3d 62 (2d Cir. 1997).published 2 cites
    This form of limited closure “does not implicate the same secrecy and fairness concerns that a total closure does.” Woods v. Kuhlmann, 977 F.2d 74, 76 (2d Cir.1992); accord Osborne, 68 F.3d at 99 ; United States v. Farmer, 32 F.3d 369, 371…
  • State v. Garcia, 1997 ND 60, 561 N.W.2d 599.published
    See, e.g., United States v. Osborne, 68 F.3d 94, 98 (5th Cir.1995); Woods v. Kuhlmann, 977 F.2d 74, 76 (2nd Cir.1992); Sherlock, 962 F.2d at 1357 ; Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir.), cert. denied, 493 U.S. 957 , 110 S.Ct. 37…
  • United States v. Brazel, 102 F.3d 1120 (11th Cir. 1997).published
    Douglas v. Wainwright, 739 F.2d 531, 533 (11th Cir.1984), ce rt. denied, 469 U.S. 1208 , 105 S.Ct. 1170 , 84 L.Ed.2d 321 (1985).
  • United States of Am. v. Ralph E. Brazel, Jr., Charles Hubbard, Norman L. Burgess, United States of Am. v. Sharvonne McKinnon United States of Am. v. Levine Just. Archer, A.K.A. Jamaican Joe, A.K.A. Joe, Willie Jefferson, Marlon McNealy A.K.A. Man, 102 F.3d 1120 (11th Cir. 1997).published
    Douglas v. Wainwright, 739 F.2d 531, 533 (11th Cir.1984), cert. denied, 469 U.S. 1208 , 105 S.Ct. 1170 , 84 L.Ed.2d 321 (1985).
  • Kareem Peterson v. Melvin Williams, 85 F.3d 39 (2d Cir. 1996).published
    Cf. Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 512 , 104 S.Ct. 819, 825 , 78 L.Ed.2d 629 (1984) (“When limited closure is ordered, the constitutional values sought to be protected by holding open proceedings may be satisfied lat…
  • Alonzo Woods v. Robert Kuhlmann, 977 F.2d 74 (2d Cir. 1992).published
    See, e.g., United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.) (since substantial reason, rather than compelling interest, was necessary and had been articulated, defendant’s right to a public trial had not been violated), petition f…
  • United States v. Arnold Sherlock, 962 F.2d 1349 (9th Cir. 1992).published 8 cites
    (upholding its prior decision even after the Supreme Court vacated it and remanded for reconsideration in light of Waller)
  • Commonwealth v. Penn, 562 A.2d 833 (Pa. 1989).published
    Some federal courts have held that a "substantial” interest rather than a "compelling” interest is all that is constitutionally required to justify a "partial” closure of proceedings, Le. for the testimony of one of several witnesses, as o…
  • United States v. Arnold Sherlock, 865 F.2d 1069 (9th Cir. 1989).published 2 cites
    (upholding its prior decision even after the Supreme Court vacated it and and remanded for reconsideration in light of Waller)
  • Christopher A. Burger v. Ralph Kemp, 753 F.2d 930 (11th Cir. 1985).published 2 cites
    Once that threshold is crossed, the defendant must then demonstrate that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at ---, 104 S.Ct. at 20…
  • Ex parte Easterwood, 980 So. 2d 367 (Ala. 2007).published
  • State v. Ndina, 2009 WI 21, 761 N.W.2d 612.published
  • United States v. Larry Douglas McPherson, 587 F. App'x 556 (11th Cir. 2014).unpublished
At page 532 Distinguishing total versus partial courtroom closure standards34 citing casesThe most important distinguishing factor is that Waller involved a total closure ... the press and the public having been specifically excluded, whereas Douglas entailed only a partial closure, as the press and family members of the defendant, witness, and decedent were all allowed to remain4 citing courts put it this way · 30 listed here
  • Ernest Randy Judd v. Michael W. Haley, 250 F.3d 1308 (11th Cir. 2001).published 12 cites
    (The most important distinguishing factor is that Waller involved a total closure ... the press and the public having been specifically excluded, whereas Douglas entailed only a partial closure, as the press and family…)
  • Moises Cordon v. State of Florida, No. 3D2023-1858 (Fla. 3d DCA Apr. 15, 2026).published
    See Moore v. State, 298 So. 3d 1208 , 1211 n.2 (Fla. 3d DCA 2020) (noting the holdings in United States v. Addison, 708 F.3d 1181, 1187 (10th Cir. 2013); Judd v. Haley, 250 F.3d 1308, 1315 (11th Cir. 2001); U.S v. DeLuca, 137 F.3d 24, 34 (…
  • Thomas Dixon v. State, 566 S.W.3d 348 (Tex. App.—Amarillo 2018).published
    See Steadman, 360 S.W.3d at 505 n.19 (pointing out some state and federal courts have distinguished between partial and total closures of the courtroom); Woods, 383 S.W.3d at 781 (excluding a specific person or group, even if only temporar…
  • John Drummond v. Marc Houk, 797 F.3d 400 (6th Cir. 2015).published 2 cites
    (family members of defendant, a witness, and decedent remained during closure)
  • State v. Turrietta, 2013-NMSC-036, 4 N.M. 477.published 3 cites
    Defendant argues that the Court of Appeals erred in applying the more lenient “substantial reason” standard as established in Douglas v. Wainwright, 739 F.2d 531, 532 (11th Cir. 1984), and thus its findings are not legally adequate to supp…
  • Haas v. Warden, SCI Somerset, 760 F. Supp. 2d 484 (E.D. Pa. 2010).published
    (holding that the Sixth Amendment was not violated where “the press and family members of the defendant, witness, and decedent were allowed to remain.)
  • Longus v. State, 7 A.3d 64 (Md. 2010).published 2 cites
    See, e.g., United States v. Osborne, 68 F.3d 94, 98-99 (5th Cir.1995); United States v. Farmer, 32 F.3d 369, 371 (8th Cir.1994); Woods v. Kuhlmann, 977 F.2d 74, 76-77 (2d Cir.1992); United States v. Sherlock, 962 F.2d 1349, 1356-57 (9th Ci…
  • United States v. Villagomez, 708 F. Supp. 2d 1105 (D. N. Mar. I. 2010).published
    See United, States v. Scott, 564 F.3d 34, 36-39 (1st Cir.2009) (rejecting a defendant’s claim that his Sixth Amendment right to a public trial was violated when the court barred members of the public from entering or leaving the courtroom…
  • Commonwealth v. Cohen, 921 N.E.2d 906 (Mass. 2010).published 2 cites
    Charley v. United States, 506 U.S. 958 (1992) (excluding defendants’ families during testimony of one witness constituted partial closure); Douglas v. Wainwright, 739 F.2d 531, 532 (11th Cir. 1984), cert, denied, 469 U.S. 1208 (1985) (case…
  • United States v. Lnu, 575 F.3d 298 (3d Cir. 2009).published
    See, e.g., Waller, 467 U.S. at 40-41 , 104 S.Ct. 2210 ("These cases require us to decide the extent to which a hearing on a motion to suppress evidence may be closed to the public over the objection of the defendant consistently with the S…
Show 20 more citing cases
  • Longus v. State, 968 A.2d 140 (Md. Ct. Spec. App. 2009).published
    The following United States Courts of Appeal have adopted the less stringent "substantial reason” for the partial closure of a courtroom: Woods v. Kuhlmann, 977 F.2d 74,76 (2nd Cir.1992); United States v. Osborne, 68 F.3d 94, 98-99 (5th Ci…
  • United States v. Ortiz, 66 M.J. 334 (C.A.A.F. 2008).published 2 cites
    Specifically, these circuits have required only that the state advance a “substantial reason” for closing the proceeding because, unlike those situations involving a complete closure, a partial closure does not threaten as acutely the hist…
  • Roger Laplante v. James Crosby, 133 F. App'x 723 (11th Cir. 2005).unpublished
    (finding courtroom closure was only partial because "the press and family members of the defendant, witness, and decedent were allowed to remain)
  • Jones v. State, 883 So. 2d 369 (Fla. 3d DCA 2004).published
    The several essential purposes served by the public trial guarantee include: `allowing the public to see that a defendant is fairly dealt with, encouraging trial participants to perform their duties more conscientiously, discouraging perju…
  • Bell v. Jarvis, No. 98-7002 (4th Cir. Feb. 23, 2000).published
    See United States v. Osborne, 68 F.3d 94 , 98- 99 (5th Cir. 1995); United States v. Farmer, 32 F.3d 369, 371 (8th Cir. 1994); United States v. Sherlock, 962 F.2d 1349, 1356-57 (9th Cir. 1992); Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir…
  • Ernest Sutton Bell v. Mack Jarvis Robert Smith, 198 F.3d 432 (4th Cir. 2000).published 2 cites
    See United States v. Osborne, 68 F.3d 94, 9899 (5th Cir. 1995); United States v. Farmer, 32 F.3d 369, 371 (8th Cir. 1994); United States v. Sherlock, 962 F.2d 1349, 1356-57 (9th Cir. 1992); Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir. 1…
  • Williams v. State, 736 So. 2d 699 (Fla. 4th DCA 1999).published
    “allowing the public to see that a defendant is fairly dealt with, encouraging trial participants to perform their duties more conscientiously, discouraging perjury, and bringing forth witnesses who might not otherwise t…”
  • Bell v. Jarvis, 7 F. Supp. 2d 699 (E.D.N.C. 1998).published
    The underlying rationale for a less stringent standard is that the more extensive is the closure requested, “the greater must be the gravity of the required interest and the likelihood of risk to that interest.” Ayala v. Speckard, 131 F.3d…
  • Steven Ayala v. Hubert Speckard, Superintendent of Groveland Corr. Facility, Charles Okonkwo v. Peter J. Lacy, Superintendent of Bare Hill Corr. Facility, Howard Pearson v. Charles James, Superintendent of Collins Corr. Facility, 131 F.3d 62 (2d Cir. 1997).published 2 cites
    See United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992) (as amended) ("substantial reason" for partial closure); Nieto v. Sullivan, 879 F.2d 743, 753 (10th Cir.1989) (same); Douglas v. Wainwright, 739 F.2d 531, 533 (11th Cir.1984…
  • Ayala v. Speckard, 131 F.3d 62 (2d Cir. 1997).published 2 cites
    This form of limited closure “does not implicate the same secrecy and fairness concerns that a total closure does.” Woods v. Kuhlmann, 977 F.2d 74, 76 (2d Cir.1992); accord Osborne, 68 F.3d at 99 ; United States v. Farmer, 32 F.3d 369, 371…
  • Peterson v. Williams, 901 F. Supp. 119 (E.D.N.Y. 1995).published
    See also In re Oliver, 333 U.S. 257, 271 , 68 S.Ct. 499, 506 , 92 L.Ed. 682 n. 25 , 68 S.Ct. 499 , 506 n. 25 (1948); Douglas v. Wainwright, 739 F.2d 531, 532 (11th Cir.1984), cert. denied, 469 U.S. 1208 , 105 S.Ct. 1170 , 84 L.Ed.2d 321 (1…
  • Clark Davis v. Dan M. Reynolds, 890 F.2d 1105 (10th Cir. 1989).published
    See Nieto v. Sullivan, 879 F.2d at 753 (Where state appeals court observed that only the defendant’s relatives were excluded, and only during one witness’ testimony, such a partial closure is subject to a lesser, “substantial reason” stand…
  • State v. Rusin, 568 A.2d 403 (Vt. 1989).published 2 cites
    The Sherlock court held that the defendant’s public trial right was not infringed by the “temporary exclusion from the courtroom of defendants’ families during one witness’s testimony” because it was not a “true ‘closure’ of proceedings.”…
  • Ernest Sutton Bell v. Mack Jarvis Robert Smith, 236 F.3d 149 (4th Cir. 2000).published
  • Ip v. Henderson, 710 F. Supp. 915 (S.D.N.Y. 1989).published
  • Lena v. State, 901 So. 2d 227 (Fla. 3d DCA 2005).published
  • Ex parte Easterwood, 980 So. 2d 367 (Ala. 2007).published
  • Arthur Jerone Woods v. State, 383 S.W.3d 775 (Tex. App.—Houston [14th Dist.] 2012).published
  • Javier Enriquez v. Sec'y, Dep't of Corr., 662 F. App'x 650 (11th Cir. 2016).unpublished
  • United States v. Flanders, 845 F. Supp. 2d 1298 (S.D. Fla. 2012).published
At page 531 Defining the scope of the right to a public trial3 citing cases“hold a hearing and articulate specific findings.”3 citing courts quote it
  • Ernest Randy Judd v. Michael W. Haley, 250 F.3d 1308 (11th Cir. 2001).published 12 cites
    See Douglas, 739 F.2d at 532 ("The most important distinguishing factor is that Waller involved a total closure ... the press and the public having been specifically excluded, whereas Douglas entailed only a partial closure, as the press a…
  • United States v. Arnold Sherlock, 962 F.2d 1349 (9th Cir. 1992).published 8 cites
    Douglas, 739 F.2d at 533 (upholding its prior decision even after the Supreme Court vacated it and remanded for reconsideration in light of Waller).
  • United States v. Arnold Sherlock, 865 F.2d 1069 (9th Cir. 1989).published 2 cites
    Douglas, 739 F.2d at 533 (upholding its prior decision even after the Supreme Court vacated it and and remanded for reconsideration in light of Waller).
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Howard Virgil Lee DOUGLAS
v.
Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation, and David H. Brierton, Superintendent of Florida State Prison at Starke, Florida
No. 81-5927.
Court of Appeals for the Eleventh Circuit.
Aug 1, 1984.
Published opinion
739 F.2d 531
1984 U.S. App. LEXIS 19949
Elliott C. Metcalfe, Jr., Public Defender, Larry Helm Spalding, Sarasota, Fla., Steven M. Goldstein, Tallahassee, Fla., for petitioner-appellant., Alan Ellis, Philadelphia, Pa., for amicus curiae Nat. Ass’n of Criminal Defense Lawyers., Louis Carres, Public Defender, West Palm Beach, Fla., for amicus curiae Florida Public Defenders Ass’n., Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondents-appellees.
Kravitch, Roney, Tuttle.
Cited by 96 opinions  |  Published

Lead Opinion

PER CURIAM:

The Supreme Court, — U.S. -, 104 S.Ct. 3575, 82 L.Ed.2d 874, granted the petition for writ of certiorari in this case, vacating our judgment in Douglas v. Wainwright, 714 F.2d 1532 (11th Cir.1983), and remanded for further consideration in light of Waller v. Georgia, — U.S. -, 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984) and Strickland v. Washington, — U.S. -, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Because we find that Waller and Strickland do not significantly change the basis of our holding in Douglas, we continue to abide by our prior decision.

I. THE PUBLIC TRIAL ISSUE

In Douglas, as did the Supreme Court in Waller, we looked to the Court’s prior holdings on the first amendment right to attend criminal trials for guidance in deciding the scope of a defendant’s sixth amendment right to a public trial. We identified several purposes of the public trial guarantee: allowing the public to see that a defendant is fairly dealt with, encouraging trial participants to perform their duties more conscientiously, discouraging perjury, and bringing forth witnesses who might not otherwise testify. 714 F.2d at 1541-42. The Court’s opinion in Waller focused on basically the same aims of the guarantee as those identified in Douglas. — U.S. at -, 104 S.Ct. at 2213-17.

. Likewise, we find Waller and Douglas in agreement as to the stringent test that must be met for a complete closure to be justified. In Douglas, the panel relied on Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.CC2613, 73 L.Ed.2d 248 (1982), in concluding that complete closure is “proscribed absent a most compelling justification,” 714 F.2d at 1540, and that a court must hold a hearing and articulate specific findings before ordering either a total or partial closure, id. at 1545. The Waller Court articulated a very similar test:

The presumption of openness may be overcome only by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest. The interest is to be articulated along with findings specific enough that a reviewing court can determine whether the closure order was properly entered.

-U.S. at-, 104 S.Ct. at 2215 (quoting Press-Enterprise Co. v. Superior Court, — U.S. -,---, 104 S.Ct. 819, 824, 78 L.Ed.2d 629 (1984)). The Court further noted that the test articulated in Waller was in accord with its holding in Globe Newspaper Co., the case relied upon by the panel in Douglas.

The different results in Douglas and Waller are thus not attributable to the application of differing legal standards, but to the application of the same legal standards to dissimilar facts. The most important distinguishing factor is that Waller involved a total closure, with only the parties, lawyers, witnesses, and court personnel present, the press and public specifically having been excluded, while Douglas entailed only a partial closure, as the press and family members of the defendant, witness, and decedent were all allowed to remain. Moreover, the closure in Waller was for the entire seven days of the suppression hearing although the playing of the disputed tapes lasted only two-and-one-half hours, whereas in Douglas the partial closure was limited to the one witness’ testimony. Douglas, therefore, presented this court with a fact situation different and unique from that faced by the Waller Court.

Because only a partial closure was involved in Douglas, we relied upon the binding precedent of Aaron v. Capps, 507 F.2d 685 (5th Cir.1975),[1] which had held that where a partial closure is involved, a court must look to the particular circumstances to see if the defendant still received the safeguards of the public trial guarantee.[*533] Id. at 688. In Aaron, the court held that no constitutional violation had occurred because, inter alia, members of the press and the defendant’s relatives and clergymen were present at the trial. As in Aaron, the Douglas panel found that the impact of the closure was “not a kind presented when a proceeding is totally closed to the public,” 714 F.2d at 1544, and therefore only a “substantial” rather than “compelling” reason for the closure was necessary. Id. The panel further found that a substantial reason — protection of the witness from unnecessary insult to her dignity-existed that justified the partial closure. Id. at 1544-45.

Douglas thus involved an application of the general sixth amendment public trial guarantee to the specific situation of a partial closure, a situation not addressed in Waller. We do not read Waller as disapproving of Aaron’s adaptation of the general standards governing closures, standards on which Douglas and Waller are in accord,[2] to a case where only a partial closure is involved and at least some access by the public is retained. Consequently, we reaffirm the denial of habeas relief on the public trial issue.

II. THE INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM

The Court also remanded for further consideration in light of its holding in Strickland v. Washington, — U.S. -, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In the panel opinion we held that counsel’s performance at the penalty phase constituted ineffective assistance warranting habeas relief.

In Washington, the Court identified two components of a general ineffective assistance of counsel claim: the defendant must demonstrate (1) that counsel’s performance “fell below an objective standard of reasonableness,” id. at-, 104 S.Ct. at 2065, and (2) “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at-, 104 S.Ct. at 2068. Moreover, the defendant must satisfy both the performance and prejudice prongs to be entitled to relief. Id. at-, 104 S.Ct. at 2069.

In the panel opinion, we' found that defense counsel’s performance had fallen below a standard of reasonableness; indeed, we observed that “counsel’s ineffectiveness cries out from a reading of the transcript.” 714 F.2d at 1557. The first prong of the Washington test was thus satisfied in Douglas.

As to the prejudice prong, we noted in our opinion that Washington was before the Supreme Court and that the circuits were in conflict as to what standard of prejudice was to be used. We further explained, however, that we did not need to withhold our decision until the Supreme Court decided Washington, because “under virtually any standard, prejudice is evident on the face of the record.” Id. Later in the opinion, we expressly stated that counsel’s ineffectiveness created a “great ‘likelihood that counsel’s inadequacy affected the outcome of the trial,’ ” id. at 1558, thus satisfying a standard even more strict than Washington’s “reasonable probability” standard, see — U.S. at-, 104 S.Ct. at 2067. We therefore reaffirm our original holding that the district court erred in denying habeas corpus relief on the ineffective assistance of counsel claim.

For the foregoing reasons the panel opinion is reinstated.

1

The Eleventh Circuit, in the en banc decision Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981), adopted as precedent decisions of the former Fifth Circuit rendered prior to October 1, 1981.

2

As did the Waller Court, the Douglas panel found that "an opportunity to be heard and adequate findings are required where any closure of the trial is contemplated and the defendant objects and requests an opportunity to be heard.” 714 F.2d at 1546. See also Waller, — U.S. at-, 104 S.Ct. at 2213. The defendant in Douglas, however, had failed to specifically object to the absence of a hearing or findings, resulting in procedural default. 714 F.2d at 1546; see also Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977).

Dissent

RONEY, Circuit Judge,

dissenting:

I dissent for the reasons set forth in my dissent to the original panel opinion. Douglas v. Wainwright, 714 F.2d 1532 (11th Cir.1983).