Waller test (Florida) · Go Syfert
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Waller test in Florida

7 Florida opinions name it 2 courts 2001–2021 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Clements v. Stategreen
fladistctapp · 1999 · cited in 2 Florida opinions naming this issue, 2002–2002
2 sentences

2002We agree with the Fifth District Court of Appeal in Clements v. State, 742 So.2d 338, 341 (Fla. 5th DCA 1999), that a separate Waller inquiry is not required when the trial court follows section 918.16 to achieve a partial closing, citing Douglas v. Wainwright, 739 F.2d 531 (11th Cir. 1984).

2002We agree with the Fifth District Court of Appeal in Clements v. State, 742 So.2d 338, 341 (Fla. 5th DCA 1999), that a separate Waller inquiry is not required when the trial court follows section 918.16 to achieve a partial closing, citing Douglas v. Wainwright, 739 F.2d 531 (11th Cir. 1984).

22
Waller v. Georgiagreen
scotus · 1984 · cited in 3 Florida opinions naming this issue, 2005–2021
2 sentences

2021See Kovaleski v. State, 103 So. 3d 859, 861 (Fla. 2012) (holding that partial courtroom closure pursuant to section 918.16(2), Fla. Stat., complied with the Waller test) (citing Waller v. Georgia, 467 U.S. 39, 48 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984)).

2021See Kovaleski v. State, 103 So. 3d 859, 861 (Fla. 2012) (holding that partial courtroom closure pursuant to section 918.16(2), Fla. Stat., complied with the Waller test) (citing Waller v. Georgia, 467 U.S. 39, 48 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984)).

13
Kovaleski v. Stategreen
fla · 2012 · cited in 1 Florida opinions naming this issue, 2021–2021
2 sentences

2021See Kovaleski v. State, 103 So. 3d 859, 861 (Fla. 2012) (holding that partial courtroom closure pursuant to section 918.16(2), Fla. Stat., complied with the Waller test) (citing Waller v. Georgia, 467 U.S. 39, 48 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984)).

2021See Kovaleski v. State, 103 So. 3d 859, 861 (Fla. 2012) (holding that partial courtroom closure pursuant to section 918.16(2), Fla. Stat., complied with the Waller test) (citing Waller v. Georgia, 467 U.S. 39, 48 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984)).

11
People v. Klinegreen
michctapp · 1992 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012See United States v. Galloway, 937 F.2d 542, 546 (10th Cir.1991) (“recognizing] that a different standard applies where the courtroom is only partially closed” but holding that “[nevertheless, the trial court must make sufficient findings to allow the reviewing court to determine whether the partial closure was proper”); Cohen, 921 N.E.2d at 922-23 (“[E]ven in a partial closure context, the remaining Waller factors must be satisfied-Closure by policy runs counter to the requirement that a court make a case-specific determination before a closure of any part of a criminal proceeding constitutio

2012See United States v. Galloway, 937 F.2d 542, 546 (10th Cir.1991) (“recognizing] that a different standard applies where the courtroom is only partially closed” but holding that “[nevertheless, the trial court must make sufficient findings to allow the reviewing court to determine whether the partial closure was proper”); Cohen, 921 N.E.2d at 922-23 (“[E]ven in a partial closure context, the remaining Waller factors must be satisfied-Closure by policy runs counter to the requirement that a court make a case-specific determination before a closure of any part of a criminal proceeding constitutio

11
United States v. George Don Galloway, A/K/A Saul D. Davisgreen
ca10 · 1991 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012See United States v. Galloway, 937 F.2d 542, 546 (10th Cir.1991) (“recognizing] that a different standard applies where the courtroom is only partially closed” but holding that “[nevertheless, the trial court must make sufficient findings to allow the reviewing court to determine whether the partial closure was proper”); Cohen, 921 N.E.2d at 922-23 (“[E]ven in a partial closure context, the remaining Waller factors must be satisfied-Closure by policy runs counter to the requirement that a court make a case-specific determination before a closure of any part of a criminal proceeding constitutio

2012See United States v. Galloway, 937 F.2d 542, 546 (10th Cir.1991) (“recognizing] that a different standard applies where the courtroom is only partially closed” but holding that “[nevertheless, the trial court must make sufficient findings to allow the reviewing court to determine whether the partial closure was proper”); Cohen, 921 N.E.2d at 922-23 (“[E]ven in a partial closure context, the remaining Waller factors must be satisfied-Closure by policy runs counter to the requirement that a court make a case-specific determination before a closure of any part of a criminal proceeding constitutio

11
Whitson v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002
2 sentences

2002Contra Whitson v. State, 791 So.2d 544, 547-48 (Fla. 2d DCA 2001)(stating that the Waller analysis for a partial closing cannot be performed by reliance on section 918.16).

2002Contra Whitson v. State, 791 So.2d 544, 547-48 (Fla. 2d DCA 2001)(stating that the Waller analysis for a partial closing cannot be performed by reliance on section 918.16).

11
Judd v. Haleygreen
ca11 · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See also Judd v. Haley, 250 F.3d 1308 , 1315 (11th Cir.2001)("[I]n the event of a partial closure, a court need merely find a "substantial" reason for the partial closure, and need not satisfy the elements of the more rigorous Waller test.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Douglas v. Wainwright green
ca11 · 1984
2 sentences

2002We agree with the Fifth District Court of Appeal in Clements v. State, 742 So.2d 338, 341 (Fla. 5th DCA 1999), that a separate Waller inquiry is not required when the trial court follows section 918.16 to achieve a partial closing, citing Douglas v. Wainwright, 739 F.2d 531 (11th Cir. 1984).

2002We agree with the Fifth District Court of Appeal in Clements v. State, 742 So.2d 338, 341 (Fla. 5th DCA 1999), that a separate Waller inquiry is not required when the trial court follows section 918.16 to achieve a partial closing, citing Douglas v. Wainwright, 739 F.2d 531 (11th Cir. 1984).

12002–2002
Guerra v. City of Miami Beach neutral
fla · 2001
2 sentences

2002In Clements v. State, 742 So.2d 338, 341 (Fla. 5th DCA 1999), rev. dismissed as improvidently granted, 782 So.2d 868 (Fla. 2001), the court held that closure pursuant to section 918.16, which exempts from exclusion certain members of the public, particularly news reporters, was a partial closure of a trial and the four-factor Waller inquiry was unnecessary.

2002In Clements v. State, 742 So.2d 338, 341 (Fla. 5th DCA 1999), rev. dismissed as improvidently granted, 782 So.2d 868 (Fla. 2001), the court held that closure pursuant to section 918.16, which exempts from exclusion certain members of the public, particularly news reporters, was a partial closure of a trial and the four-factor Waller inquiry was unnecessary.

12002–2002
Pritchett v. State green
fladistctapp · 1990
2 sentences

2001We observe that in this district Pritchett requires a Waller inquiry regardless of "whether the closure is total or partial." 566 So.2d at 7 .

2001We observe that in this district Pritchett requires a Waller inquiry regardless of "whether the closure is total or partial." 566 So.2d at 7 .

12001–2001

Statutes the citing opinions construe

FL § 918.16 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 31 (2005–2024) WA 20 (2004–2026) OH 13 (2001–2022) CO 12 (2007–2025) ND 10 (1997–2025) MN 9 (2001–2016) MA 8 (2010–2018) IL 8 (1994–2023) NY 8 (1997–2025) AZ 7 (2012–2024) MS 7 (1997–2018) FL 7 (2001–2021) CA 6 (1997–2023) MD 5 (2009–2026) NM 5 (2013–2014) DC 5 (2005–2019) SD 5 (1988–2019) MI 4 (1976–2022) NC 4 (2012–2023) ID 4 (2023–2023) GA 4 (2006–2022) AL 3 (2007–2024) MT 3 (1994–2016) PA 3 (1985–2023) WI 2 (2009–2014) HI 2 (1999–2006) KY 2 (2016–2016) IA 2 (2022–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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