This question has been addressed in 1 Texas court opinion:
COA05 — January 29, 2026
In Stricker v. State, the Dallas Court of Appeals addressed a trial court's exclusion of a public spectator during jury selection due to a large venire panel filling the courtroom. The appellate court analyzed the closure under the Sixth Amendment right to a public trial, applying the four-prong Waller v. Georgia test. Because the trial court failed to consider reasonable alternatives to accommodate the spectator or make specific findings on the record justifying the closure, the court held that the exclusion constituted a structural error. Consequently, the judgment was reversed and the case remanded for a new trial without the need for a showing of actual harm.
Litigation Takeaway
“Limited seating or a crowded gallery is not a valid legal reason to exclude public spectators from a jury trial; doing so without specific constitutional findings creates a 'structural error' that can automatically void your entire case on appeal regardless of the evidence.”