State v. Hill7/5/2001
`very limited class of cases.' Johnson v. United States, 520 U.S. 461, 468 [117 S.Ct. 1544, 1549, 137 L.Ed.2d 718, 728] (1997) citing Gideon v. Wainwright, 372 U.S. 335 [83 S.Ct. 792, 9 L.Ed.2d 799] (1963) (complete denial of counsel); Tumey v. Ohio, 273 U.S. 510 [47 S.Ct. 437, 71 L.Ed. 749] (1927) (biased trial judge); Vasquez v. Hillery, 474 U.S. 254 [106 S.Ct. 617, 88 L.Ed.2d 598] (1986) (racial discrimination in selection of grand jury); McKaskle v. Wiggins, 465 U.S. 168 [104 S.Ct. 944, 79 L.Ed.2d 122] (1984) (denial of self-representation at trial); Waller v. Georgia, 467 U.S. 39 [104 S.Ct. 2210, 81 L.Ed.2d 31] (1984) (denial of public trial); Sullivan v. Louisiana, 508 U.S. 275 [113 S.Ct. 2078, 124 L.Ed.2d 182] (1993) (defective reasonable-doubt instruction).
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"Those cases, we have explained, contain a `defect affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself.' Fulminante, supra, at 310 [111 S.Ct. at 1265, 113 L.Ed.2d at 331]. Such errors `infect the entire trial process,' Brecht v. Abrahamson, 507 U.S. 619, 630 [113 S.Ct. 1710, 1717, 123 L.Ed.2d 353, 367] (1993), and `necessarily render a trial fundamentally unfair,' Rose, 478 U.S. at 577 [106 S.Ct. at 3106, 92 L.Ed.2d at 470]. Put another way, these errors deprive defendants of `basic protections' without which `a criminal trial cannot reliably serve its function as a vehicle for determination of guilt or innocence * * * and no criminal punishment may be regarded as fundamentally fair.' Id., at 577-578 [106 S.Ct. at 3106, 92 L.Ed.2d at 470]." (Emphasis sic.) See, also, State v. Esparza (1996), 74 Ohio St.3d 660, 661, 660 N.E.2d 1194, 1196 (noting that "structural error" is distinguishable from "trial error," and is not subject to harmless-error analysis).
In arguing that the use of an anonymous jury was structural error, appellee and supporting amici curiae point out the importance of jury trials to our system of justice, as reflected in the Ohio and United States Constitutions, and in numerous court decisions. Appellee urges that the use of an anonymous jury compromised appellee's right to a jury trial to such a degree that the right was effectively destroyed.
Appellee and supporting amici curiae further endorse the court of appeals' finding of structural error by citing federal cases that considered whether prejudicial error was present when anonymous juries were used. See, e.g., United States v. Talley (C.A.6, 1999), 164 F.3d 989. The Talley court articulated that a trial court "should not order the empaneling of an anonymous jury without `(a) concluding that there is strong reason to believe the jury needs protection, and (b) taking reasonable precautions to minimize any prejudicial effects on the defendant and to ensure that his fundamental rights are protected.' " Id. at 1001, quoting United States v. Paccione (C.A.2, 1991), 949 F.2d 1183, 1192. See, also, United States v. Krout (C.A.5, 1995), 66 F.3d 1420, 1427 ("Factors that may justify jury protection by anonymity include: the defendants' involvement in organized crime; the defendants' participation in a group with the capacity to harm jurors; the defendants' past attempts to interfere with the judicial process or witnesses; the potential that, if convicted, the defendants will suffer a lengthy incarceration and substantial monetary penalties; and , extensive publicity that could enhance the possibility that jurors' names would become public and expose them to intimidation and harassment"); United States v. Sanchez (C.A.5, 1996), 74 F.3d 562 (same).
We of course agree with appellee's view that the right to a public jury trial, and the other associated rights app
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