not be satisfied, it is clear that the third factor, the existence of clear error as a matter of law, should be given substantial weight. Syllabus Point 4, State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996). With these precepts to guide us, we now consider the issue before us. III. DISCUSSION The question in this case is whether Judge Hoke properly closed the proceedings and sealed the file in the action below. In order to answer this question, we will first review the law concerning the closure of court proceedings. The United States Supreme Court expressly has held that there is a guaranteed right of the public under the First and'Fourteenth Amendments to attend criminal trials. Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982) (<HOLDING>). This right is not absolute. But the
holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon holding that a general motion for judgment of acquittal which asserted without explanation or argument that the state had failed to prove a prima facie case of the crime charged in the indictment was insufficient to preserve for appeal the specific argument that the state had failed to prove the age of the victim to support a conviction for sexual battery of a child under the age of eleven holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment holding the harmed victim need not be the victim of the offense of conviction holding that state statute that requires trial judges at trials for specified sexual offenses involving a victim under the age of 18 to exclude the press and general public from the courtroom during the testimony of that victim violates the first amendment to the constitution