weaver masssachusetts argued april decided june petitioner tried massachusetts trial courtroom accommodate potential jurors result two days jury selection officer excluded courtroom member public potential juror including petitioner mother minister defense counsel neither objected closure trial raised issue direct review petitioner convicted murder related charge five years later filed motion new trial state arguing relevant attorney provided ineffective assistance failing object courtroom closure trial ruled entitled relief massachusetts judicial affirmed relevant part although recognized violation right public trial structural error rejected petitioner claim shown prejudice held context violation jury selection error neither preserved raised direct review raised later via claim defendant must demonstrate prejudice secure new trial pp case requires examination proper application doctrines structural error ineffective assistance counsel intertwined reasons error deemed structural may influence proper standard used evaluate claim premised failure object error pp generally constitutional error contribute verdict obtained deemed harmless means defendant entitled reversal chapman california however structural error affect framework within trial proceeds arizona fulminante defies harmless error analysis thus structural error objected raised direct review defendant entitled relief without inquiry harm appear least three broad rationales finding error structural one right issue protect defendant erroneous conviction instead protects interest like defendant right conduct defense harm irrelevant basis underlying right see another error effects simply hard measure defendant denied right select attorney making almost impossible government show error harmless beyond reasonable doubt chapman supra finally errors always result fundamental unfairness indigent defendant denied attorney see gideon wainwright purposes case critical point error count structural even lead fundamental unfairness every case see supra pp violation counts structural error always lead fundamental unfairness opinions teach courtroom closure avoided circumstances justified see waller georgia presley georgia fact right subject exceptions suggests every violation results fundamental unfairness indeed said violation structural difficulty assessing effect error supra right also furthers interests protecting defendant unjust conviction including rights press public large see superior riverside thus unlawful closure take place yet trial still fundamentally fair defendant standpoint pp proper remedy addressing violation right public trial depends objection raised objection made trial issue raised direct appeal defendant generally entitled automatic reversal regardless error actual effect outcome neder however defendant preserve structural error direct review raises later context claim defendant generally bears burden show deficient performance attorney error prejudiced defense strickland washington demonstrate prejudice cases defendant must show reasonable probability result proceeding different attorney error analytical purposes case assume petitioner requested even showing reasonable probability different outcome relief still must granted defendant shows attorney errors rendered trial fundamentally unfair every violation lead fundamentally unfair trial failure object violation always deprive defendant reasonable probability different outcome thus defendant raising violation via claim must show either reasonable probability different outcome case assumed particular violation serious render trial fundamentally unfair neither reasoning holding calls question precedents deeming certain errors structural requiring reversal fundamental unfairness see sullivan louisiana tumey ohio vasquez hillery granting automatic relief defendants prevailed claims race gender discrimination jury selection batson kentucky errors cases preserved raised direct appeal reason placing burden petitioner however derives nature error difference violation preserved raised direct review violation raised claim defendant objects courtroom closure trial either order courtroom opened explain reasons keeping closed defendant first raises closure claim trial chance cure violation costs uncertainties new trial also greater time elapsed cases finality interest risk see strickland supra differences justify different standard evaluating structural error depending whether raised direct review claim pp petitioner shown reasonable probability different outcome counsel failure object counsel shortcomings led fundamentally unfair trial entitled new trial although potential jurors might behaved differently petitioner family public present petitioner offered evidence suggesting reasonable probability different outcome counsel failure object also failed demonstrate fundamental unfairness mother minister indeed excluded jury selection trial conducted secret remote place closure limited jury voir dire courtroom remained open evidentiary phase trial closure decision apparently made officers judge venire members become jurors observed proceedings record proceedings indicates basis concern closure showing furthermore potential harms flowing courtroom closure came pass case misbehavior prosecutor judge party thus even though case comes assumption closure sixth amendment violation violation pervade whole trial lead basic unfairness pp mass affirmed kennedy delivered opinion roberts thomas ginsburg sotomayor gorsuch joined thomas filed concurring opinion gorsuch joined alito filed opinion concurring judgment gorsuch joined breyer filed dissenting opinion kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press kentel myrone weaver petitioner massachusetts writ certiorari judicial massachusetts june justice kennedy delivered opinion petitioner trial state criminal charges courtroom occupied potential jurors closed public two days jury selection process defense counsel neither objected closure trial raised issue direct review case comes assumption failing object defense counsel provided ineffective assistance direct review context underlying constitutional violation courtroom closure treated structural error error entitling defendant automatic reversal without inquiry prejudice question whether invalidation conviction required well prejudice inquiry altered structural error raised context claim boy shot killed boston witness saw young man fleeing scene crime saw pull pistol baseball hat fell head police recovered hat featured distinctive airbrushed detroit tigers logo either side hat distinctive markings linked kentel weaver petitioner dna obtained hat matched petitioner dna two weeks crime police went petitioner house question admitted losing hat around time shooting denied involved petitioner mother sure later questioned petitioner asked whether scene shooting said asked shooter knew shooter petitioner put head said nothing believing response admission guilt insisted petitioner go police station confess petitioner indicted massachusetts state murder unlicensed possession handgun pleaded guilty proceeded trial pool potential jury members large people assigned courtroom accommodate courtroom seating result trial judge brought potential jurors courtroom introduce case ask certain preliminary questions entire venire panel many potential jurors seats stand courtroom preliminary questions potential jurors standing moved outside courtroom wait individual questioning potential jurors judge acknowledged hallway comfortable place wait thanked potential jurors patience tr apr judge noted simply space courtroom everybody seats courtroom occupied venire panel officer excluded courtroom member public potential juror petitioner mother minister came courtroom observe two days jury selection turned away occurred decision presley georgia per curiam presley made clear right extends jury selection well portions trial presley massachusetts courts often close courtrooms public jury selection particular murder trials case petitioner mother told defense counsel closure point jury selection counsel believed courtroom closure jury selection constitutional crim super ct app pet cert result discuss matter petitioner tell right public trial included jury voir dire object closure ibid ensuing trial government presented strong evidence petitioner guilt case consisted incriminating details outlined including petitioner confession police jury convicted petitioner counts sentenced life prison murder charge year prison charge five years later petitioner filed motion new trial massachusetts state relevant argued attorney provided ineffective assistance failing object courtroom closure evidentiary hearing trial recognized violation right public trial based following findings courtroom closed closure neither de minimis trivial closure unjustified closure full rather partial meaning members public rather excluded courtroom trial determined defense counsel failed object serious incompetency inefficiency inattention quoting massachusetts chleikh mass app hand petitioner offered evidence legal argument establishing prejudice app pet cert reason held petitioner entitled relief petitioner appealed denial motion new trial massachusetts judicial consolidated appeal petitioner direct appeal noted objection closure trial issue raised direct appeal judicial affirmed relevant part although recognized violation sixth amendment right public trial constitutes structural error stated petitioner failed show trial counsel conduct caused prejudice warranting new trial mass reasoning rejected petitioner claim ineffective assistance counsel disagreement among federal courts appeals state courts last resort whether defendant must demonstrate prejudice case like one structural error neither preserved raised direct review raised later via claim alleging ineffective assistance counsel courts held defendant shows attorney unreasonably failed object structural error defendant entitled new trial without inquiry see johnson sherry owens littlejohn state lamere mont courts held defendant entitled relief show prejudice see purvis crosby gomez reid state granted certiorari resolve disagreement specifically context trial counsel failure object closure courtroom jury selection ii case requires discussion proper application two doctrines structural error ineffective assistance counsel two doctrines intertwined reasons error deemed structural may influence proper standard used evaluate claim premised failure object error concept structural error discussed first chapman california adopted general rule constitutional error automatically require reversal conviction zona fulminante citing man supra government show beyond reasonable doubt error complained contribute verdict obtained held error deemed harmless defendant entitled reversal recognized however errors deemed harmless beyond reasonable doubt errors came known structural errors see fulminante purpose structural error doctrine ensure insistence certain basic constitutional guarantees define framework criminal trial thus defining feature structural error affect framework within trial proceeds rather simply error trial process reason structural error def ies analysis harmless error standards internal quotation marks omitted precise reason particular error amenable kind analysis thus precise reason deemed structural varies significant way error error appear least three broad rationales first error deemed structural instances right issue designed protect defendant erroneous conviction instead protects interest true defendant right conduct defense exercised usually increases likelihood trial outcome unfavorable defendant mckaskle wiggins right based fundamental legal principle defendant must allowed make choices proper way protect liberty see faretta california harm irrelevant basis underlying right deemed violation right structural error see second error deemed structural effects error simply hard measure example defendant denied right select attorney precise effect violation ascertained ibid quoting vasquez hillery government result find almost impossible show error harmless beyond reasonable doubt chapman supra efficiency costs letting government try make showing unjustified third error deemed structural error always results fundamental unfairness example indigent defendant denied attorney judge fails give instruction resulting trial always fundamentally unfair one see gideon wainwright right attorney sullivan louisiana right instruction therefore futile government try show harmlessness categories rigid particular case one rationales may part explanation error deemed structural see purposes however one point critical error count structural even error lead fundamental unfairness every case see supra rejecting inconsistent reasoning precedents idea structural errors always necessarily render trial fundamentally unfair unreliable emphasis deleted noted violation right public trial structural error see supra relevant determine particular question whether violation counts structural always leads fundamental unfairness reason waller georgia state prohibited public viewing weeklong suppression hearing concern privacy persons trial see although recognized instances closure justified noted circumstances rare closure question unjustified still order new trial instead ordered new suppression hearing open public evidence found admissible renewed pretrial proceeding held new trial guilt necessary ibid despite structural aspect violation years waller decision issued per curiam ruling presley georgia case courtroom closed public jury voir dire unlike however trial objection closure issue raised direct appeal review state decision allowing closure expressed concern state reasoning allow courtroom closed jury selection whenever trial judge decides whatever reason prefer fill courtroom potential jurors rather spectators internal quotation marks omitted although expressly noted courtroom closure may ordered circumstances also stated still incumbent upon trial consider reasonable alternatives closure opinions teach courtroom closure avoided circumstances justified problems may encountered trial courts deciding whether closures necessary even deciding members public admitted seats scarce difficult ones example often preliminary instructions judge may want give venire whole rather repeating instructions perhaps unintentional differences several groups potential jurors hand various constituencies public family accused family victim members press persons interests observing selection jurors best manage problems topic discussed length decision commentary found although right structural subject exceptions see simonson criminal audience world harv rev discussing situations trial may order courtroom closure though cases rare judge may deprive defendant right open courtroom making proper factual findings support decision see waller supra fact right subject exceptions suggests every violation results fundamental unfairness violation occur moreover presley simply trial omits make proper findings closing courtroom even findings might fully supported evidence see unconvincing deem trial fundamentally unfair judge omitted announce factual findings making otherwise valid decision order courtroom temporarily closed result likewise unconvincing said violation always leads fundamentally unfair trial indeed said violation renders trial fundamentally unfair every case two cases discussed reasons classifying violation structural error said violation structural different reason difficulty assessing effect error see also waller supra right also protects interests belong defendant right open courtroom protects rights public large press well rights accused see superior riverside richmond newspapers virginia one factor leading classification structural error right furthers interests protecting defendant unjust conviction precepts confirm conclusion reaches right important fundamental reasons cases unlawful closure might take place yet trial still fundamentally fair defendant standpoint iii turns proper remedy addressing violation structural right particular right public trial despite name term structural error carries talismanic significance doctrinal matter means government entitled deprive defendant new trial showing error harmless beyond reasonable doubt chapman thus case structural error objection trial issue raised direct appeal defendant generally entitled automatic reversal regardless error actual effect outcome neder question becomes showing necessary defendant preserve structural error direct review raises later context claim obtain relief basis ineffective assistance counsel defendant general rule bears burden meet two standards first defendant must show deficient performance attorney error serious counsel functioning guaranteed defendant sixth amendment strickland washington second defendant must show attorney error prejudiced defense ibid prejudice showing cases necessary part strickland claim reason defendant right effective representation right attorney performs duties rule therefore violation sixth amendment right effective representation defendant prejudiced ibid emphasis deleted see also premo moore lockhart fretwell said concept prejudice defined different ways depending context appears ordinary strickland case prejudice means reasonable probability counsel unprofessional errors result proceeding different strickland cautioned prejudice inquiry meant applied mechanical fashion evaluating claim ultimate inquiry must concentrate fundamental fairness proceeding ibid petitioner therefore argues proper interpretation strickland even showing reasonable probability different outcome relief still must granted convicted person shows attorney errors rendered trial fundamentally unfair analytical purposes case assume petitioner interpretation strickland correct one light ultimate holding however need decide question explained every violation fact lead fundamentally unfair trial see supra said failure object violation always deprives defendant reasonable probability different outcome thus defendant raises violation via claim strickland prejudice shown automatically instead burden defendant show either reasonable probability different outcome case assumed purposes see supra show particular violation serious render trial fundamentally unfair neither reasoning holding calls question precedents determining certain errors deemed structural require reversal cause fundamental unfairness either defendant specific case pervasive undermining systemic requirements fair open judicial process see murray contextual approach harmless error review harv rev noting eclectic normative objectives criminal procedure go beyond protecting defendant erroneous conviction include ensuring administration justice reasonably appear quoting liljeberg health services acquisition precedents include sullivan louisiana failure give instruction tumey ohio biased judge vasquez hillery exclusion grand jurors basis race see neder supra describing errors structural addition granted automatic relief defendants prevailed claims alleging race gender discrimination selection petit jury see batson kentucky alabama ex rel though yet label errors structural express terms see neder supra errors cases necessitated automatic reversal preserved raised direct appeal opinion address whether result different errors raised instead claim collateral review reason placing burden petitioner case however derives nature error see supra difference violation preserved raised direct review violation raised claim explained defendant objects courtroom closure trial either order courtroom opened explain reasons keeping closed see supra defendant first raises closure claim however trial deprived chance cure violation either opening courtroom explaining reasons closure furthermore state federal courts adjudicate errors objected trial raised direct review systemic costs remedying error diminished extent new trial ordered direct review may reasonable chance much time elapsed witness memories still accurate physical evidence lost also advantages direct judicial supervision reviewing courts regular course appellate process give instruction trial courts familiar context allows elaboration relevant principles based review adequate record instance case factors circumstances might justify temporary closure best considered regular appellate process context later proceeding added time delays claim raised postconviction proceedings costs uncertainties new trial greater time elapsed cases finality interest risk see strickland noting profound importance finality criminal proceedings direct review often given least one opportunity appellate review trial proceedings differences justify different standard evaluating structural error depending whether raised direct review raised instead claim alleging ineffective assistance counsel sum claim function way escape rules waiver forfeiture raise issues presented trial thus undermining finality jury verdicts harrington richter reason rules governing claims must applied scrupulous care premo iv final inquiry concerns claim case although case comes assumption petitioner shown deficient performance counsel shown prejudice ordinary sense reasonable probability jury convicted attorney objected closure course possible potential jurors might behaved differently petitioner family present true presence public might bearing juror reaction petitioner offered evidence legal argument establishing prejudice sense reasonable probability different outcome counsel failure object app pet cert see strickland circumstances different result might obtain instance defense counsel errs failing object government main witness testifies secret defendant might able show prejudice little detail see ibid even circumstances however burden remain defendant make prejudice showing violation always lead fundamentally unfair trial see supra light assumption prejudice shown demonstration fundamental unfairness see supra remaining question whether petitioner shown counsel failure object rendered trial fundamentally unfair see strickland supra concludes petitioner made showing although petitioner mother minister indeed excluded courtroom two days jury selection petitioner trial conducted secret remote place cf oliver closure limited jury voir dire courtroom remained open evidentiary phase trial closure decision apparently made officers rather judge many members venire become jurors observe proceedings record made proceedings indicate basis concern closure showing furthermore potential harms flowing courtroom closure came pass case example suggestion juror lied voir dire suggestion misbehavior prosecutor judge party suggestion participants failed approach duties neutrality serious purpose system demands true case comes assumption closure sixth amendment violation must recognized open trials ensure respect justice system allow press public judge proceedings occur nation courts even violation pervade whole trial lead basic unfairness sum petitioner shown reasonable probability different outcome counsel failure object shown counsel shortcomings led fundamentally unfair trial entitled new trial criminal justice system constant indeed unending duty judiciary seek find proper balance necessity fair trials importance finality judgments structural error preserved raised direct review balance defendant favor new trial generally granted matter right structural error raised context claim however finality concerns far pronounced reason light circumstances present case petitioner must show prejudice order obtain new trial explained made required showing judgment massachusetts judicial affirmed ordered thomas concurring kentel myrone weaver petitioner massachusetts writ certiorari judicial massachusetts june justice thomas justice gorsuch joins concurring write separately two observations scope holding first case comes us parties assumption closure courtroom jury selection sixth amendment violation defense counsel provided ineffective assistance failing object ante previously held per curiam opinion issued without benefit merits briefing argument sixth amendment right public trial extends jury selection see presley georgia thomas dissenting doubts whether holding consistent original understanding right public trial open reconsidering case asked second assume analytical purposes case defendant may establish prejudice strickland washington demonstrating attorney error led fundamentally unfair trial ante according strickland defendant may establish prejudice showing reasonable probability counsel unprofessional errors result proceeding different showing ctual constructive denial assistance counsel altogether showing counsel labored actual conflict interest strickland hold assumes defendant may establish prejudice showing counsel errors rendered trial fundamentally unfair ante concludes closure petitioner jury selection lead fundamental unfairness event ante part discussion fundamental unfairness see ante necessary result light observations read opinion preclude approach set forth justice alito opinion correctly applies precedents alito concurring judgment kentel myrone weaver petitioner massachusetts writ certiorari judicial massachusetts june justice alito justice gorsuch joins concurring judgment case calls straightforward application familiar standard evaluating ineffective assistance counsel claims strickland washington weaver meet standard therefore claim must rejected sixth amendment protects criminal defendant right assistance counsel defence right violated counsel performance deficient relevant sense term deficient performance prejudiced defense strickland supra prejudice requirement one issue case arises nature right effective representation counsel simply unless mistakes harmed defense least unless reasonably likely words violation sixth amendment right effective representation defendant prejudiced ibid strickland definition prejudice based underlying proceeding benchmark judging claim ineffectiveness must whether counsel conduct undermined proper functioning adversarial process trial relied produced result emphasis added see cronic purpose sixth amendment guarantee counsel ensure defendant assistance necessary justify reliance outcome proceeding strickland accordingly attorney error warrant setting aside judgment criminal proceeding error effect judgment weaver makes much strickland statement ultimate focus inquiry must fundamental fairness proceeding next sentence clarifies mind namely reliability proceeding sentence explains proper concern every case whether despite strong presumption reliability result particular proceeding unreliable ibid words focus reliability consistent throughout strickland opinion show counsel error rendered legal proceeding unreliable defendant ordinarily must demonstrate reasonable probability counsel unprofessional errors result proceeding different challenge conviction one case means defendant must show reasonable probability absent errors factfinder reasonable doubt respecting guilt relieved defendants obligation make affirmative showing narrow set cases accused effectively denied counsel altogether include actual constructive denial counsel state interference counsel assistance counsel labors actual conflicts interest cronic prejudice presumed respect errors likely prejudice accused cost litigating effect particular case unjustified see strickland supra mickens taylor short two ways meeting strickland prejudice requirement defendant must demonstrate either error issue prejudicial belongs narrow class attorney errors tantamount denial counsel individualized showing prejudice unnecessary weaver attempts escape framework stressing deprivation right public trial described structural error irrelevant strickland concept structural error comes play established error occurred trial level must decided whether error harmless see neder arizona fulminante prejudice prong strickland entirely different ask whether error harmless whether error unless counsel deficient performance prejudiced defense sixth amendment violation first place see supra even attorney deficient performance pervades entire trial allow reversal conviction reason without showing prejudice requirement showing prejudice ineffectiveness claims stems definition right issue weaver theory conflicts strickland implies attorney error prejudicial even effect conceivable effect outcome trial strickland supra precisely strickland rules sum order obtain relief strickland weaver must show result trial demonstrating reasonable likelihood counsel error affected verdict alternatively establish error falls within short list errors prejudice presumed weaver attempted make either argument claim must rejected affirm judgment judicial massachusetts ground breyer dissenting kentel myrone weaver petitioner massachusetts writ certiorari judicial massachusetts june justice breyer justice kagan joins dissenting notes strickland prejudice inquiry meant applied fashion ante quoting strickland washington agree view follows principle defendant shows attorney constitutionally deficient performance produced structural error face additional often insurmountable strickland hurdle demonstrating error changed outcome proceeding cases divided constitutional errors two classes trial errors structural errors trial errors discrete mistakes occu presentation case jury arizona fulminante structural errors hand affec framework within trial proceeds recognized structural errors distinctive attributes make defy analysis standards therefore categorically exempted structural errors harmlessness review trial errors subjected precedent try parse structural errors truly egregious ones simply views structural errors intrinsically harmful holds structural error warrants automatic reversal direct appeal without regard effect outcome trial neder majority take approach assumes structural errors lead fundamental unfairness others warrant relief without showing actual prejudice strickland ante agree showing fundamental unfairness sufficient satisfy strickland try draw distinction even structural errors create fundamental unfairness structural errors nonetheless features make defy analysis standards fulminante supra structural errors fundamental unfairness ones exempt harmlessness inquiry warrant automatic reversal direct review features mean structural errors defy analysis strickland instance majority concludes errors error issue case labeled structural effects simply hard measure ante see sullivan louisiana explaining structural errors consequences necessarily unquantifiable indeterminate error whose effects inherently indeterminate prove susceptible analysis strickland difficulty assessing effect error turn analysis speculative inquiry might occurred alternate universe supra undermine defendant ability make showing establish claim problem evident regard violations recognized benefits public trial frequently intangible difficult prove matter chance waller georgia result requirement prejudice shown cases deprive defendant guarantee difficult envisage case evidence available specific injury ibid quoting ex rel bennett rundle en banc alteration original order establish actual prejudice attorney failure object violation defendant face nearly impossible burden establishing trial might gone differently open public see ibid emonstration prejudice kind case practical impossibility quoting state sheppard see read strickland requiring defendants prove held proved courts presume prejudice counsel deficient performance leads structural error defendants may well unable obtain relief incompetence deprived basic protections without criminal trial reliably serve function vehicle determination guilt innocence neder supra internal quotation marks omitted precisely sort mechanical application strickland tells us avoid view require defendants take task normally impossible perform give lower courts unenviably complex job deciphering structural errors really undermine fundamental fairness game worth candle simply say structural errors categorically insusceptible analysis direct review categorically insusceptible analysis strickland claims showing attorney constitutionally deficient performance produced structural error consequently enough entitle defendant relief respectfully dissent