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public trialstructural errorineffective assistance
Weaver v. Massachusetts
582 U. S. 286
Key Principle
When a structural error (here a Sixth Amendment public-trial violation during jury selection) is neither preserved nor raised on direct review but is raised later through an ineffective-assistance-of-counsel claim, the defendant must satisfy Strickland's prejudice prong—showing either a reasonable probability of a different outcome or that the violation rendered the trial fundamentally unfair—to obtain a new trial.
Area of Law
General
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