Drummond v. Houk, No. 11-3039 (6th Cir. 2013)
Annotate this CaseThree-month-old Jiyen was killed when 11 shots were fired into his home in a drive-by shooting. Prosecution witnesses testified to overhearing Drummond, discussing a retribution for the death of a fellow gang member, seeing Drummond with an assault rifle 15 minutes before the fatal shots were fired, and to hearing Drummond say that “he didn’t meant [sic] to kill the baby. A search of Drummond’s house yielded ammunition consistent with the shooting and a variety of items tying him to the gang. During the trial, the court twice closed the courtroom, once stating that witnesses felt threatened by some of the spectators. A jury found Drummond guilty on all counts; the trial court sentenced Drummond to death. The Supreme Court of Ohio affirmed his conviction and sentence on direct appeal. State courts denied post-conviction relief. A federal district court granted habeas corpus in part, holding that the state trial court violated Drummond’s Sixth Amendment right to a public trial. The Sixth Circuit affirmed. Drummond’s family was removed from the courtroom after objection without any explanation regarding the scope of the closure and without considering any alternative options.
The court issued a subsequent related opinion or order on August 14, 2015.
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