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Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy)

Article • March 27, 2019

Filed under: Punch And Jurists, Right to be Present

Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy) by Prisoners have limited rights to attend depositions in civil actions. In this case the Court held: "Lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, …

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (699 F.3d 682) (November 8, 2012) (Judge Peter W. Hall)

Article • December 1, 2012

Filed under: Punch And Jurists, Voir Dire

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (699 F.3d 682) (November 8, 2012) (Judge Peter W. Hall) by In appeal from conviction for immigration fraud, judgment is vacated and remanded where, under the particular circumstances of this case, the district court's intentional exclusion of the public from the courtroom during …

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (650 F.3d 863) (June 17, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Voir Dire

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (650 F.3d 863) (June 17, 2011) (Judge Peter W. Hall) by Conviction and sentencing of defendant on one count of immigration fraud is affirmed where the exclusion of the public from the courtroom during voir dire, though unjustified, was too trivial to implicate …

Presley v. Georgia, No. 09-5270 (U.S. Supreme Court) (558 U.S. 209; 130 S.Ct. 721) (January 19, 2010) (Per Curiam)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Voir Dire

Presley v. Georgia, No. 09-5270 (U.S. Supreme Court) (558 U.S. 209; 130 S.Ct. 721) (January 19, 2010) (Per Curiam) by Here the Coirt held that, absent special circumstances, a defendant’s Sixth Amendment right to a public trial requires that the public have access to the jury selection phase of trial, …

Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (499 F.3d 136) (August 29, 2007) (Judge Joseph M. McLaughlin)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Closure of Courtroom

Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (499 F.3d 136) (August 29, 2007) (Judge Joseph M. McLaughlin) by For a summary of the holding in this case, see "Following High Court Cue, 2nd Circuit Cancels Habeas Grant," by Mark Hamblett, New York Law Journal, August 31, 2007, as follows: "A …

Owens v. U.S., No. 05-1784 (1st Cir.) (483 F.3d 48) (April 12, 2007) (Judge Juan R. Torruella)

Article • April 1, 2007 • from P&J April, 2007

Filed under: Punch And Jurists, Closure of Courtroom

Owens v. U.S., No. 05-1784 (1st Cir.) (483 F.3d 48) (April 12, 2007) (Judge Juan R. Torruella) by Petitioner federal inmate filed a petition for a writ of habeas corpus, challenging his convictions on charges of murder, racketeering, assault, and drug trafficking. The United States District Court for the District …

Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (439 F.3d 68) (February 17, 2006) (Judge Joseph M. McLaughlin)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Closure of Courtroom

Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (439 F.3d 68) (February 17, 2006) (Judge Joseph M. McLaughlin) by The Second Circuit vacated the drug conviction of a drug dealer, Jose Rodriguez, on the grounds that the state trial court violated his Sixth Amendment right to a public trial when it …

U.S. v. Smith, No. 03-1588 (2nd Cir.) (426 F.3d 567) (October 17, 2005) (Judge Barrington D. Jr. Parker)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Closure of Courtroom

U.S. v. Smith, No. 03-1588 (2nd Cir.) (426 F.3d 567) (October 17, 2005) (Judge Barrington D. Jr. Parker) by Wendell Smith was charged with possession of a weapon by a convicted felon; and he was tried in the U.S. District Courthouse in Rochester, NY. The U.S. Marshals Service, In response …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 766) (May 25, 2005) (Judge William K. III Sessions)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Punch And Jurists, Voir Dire

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 766) (May 25, 2005) (Judge William K. III Sessions) by In defendant's capital case, the parties were in the midst of voir dire. Each potential juror was required to fill out an extensive questionnaire, including standard voir dire questions and questions about …

U.S. v. Alacantara, No. 02-1010 (2nd Cir.) (396 F.3d 189) (January 24, 2005) (Judge Chester J. Straub)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Closure of Courtroom

U.S. v. Alacantara, No. 02-1010 (2nd Cir.) (396 F.3d 189) (January 24, 2005) (Judge Chester J. Straub) by Reasoning that the public and the press have a qualified First Amendment right of access to plea and sentencing proceedings, the Court held that such proceedings cannot be closed to the public …

Kentucky v. Stincer, No. 86-572 (U.S. Supreme Court) (482 U.S. 730; 107 S.Ct. 2658) (June 19, 1987) (Justice Blackmun)

Article • July 24, 2003

Filed under: Punch And Jurists, Right to be Present

Kentucky v. Stincer, No. 86-572 (U.S. Supreme Court) (482 U.S. 730; 107 S.Ct. 2658) (June 19, 1987) (Justice Blackmun) by The defendant in this case was convicted of first-degree sodomy for engaging in deviate sexual intercourse in violation of Ky. Rev. Stat. Ann. § 510.070. During the trial, an in-chambers …

Detroit Free Press v. Ashcroft, No. 02-1437 (6th Cir.) (303 F.3d 681) (August 26, 2002) (Judge Damon J. Keith)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Closure of Courtroom

Detroit Free Press v. Ashcroft, No. 02-1437 (6th Cir.) (303 F.3d 681) (August 26, 2002) (Judge Damon J. Keith) by Here the Court held that the DOJ had acted unlawfully in holding hundreds of deportation hearings in secret based only on the Government’s assertion of links to terrorism and invalidated, …

Denton v. Hernandez, No. 02-70339 (E.D.Mich.) (195 F.Supp.2d 937) (April 3, 2002) (Judge Nancy G. Edmunds)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Closure of Courtroom

Denton v. Hernandez, No. 02-70339 (E.D.Mich.) (195 F.Supp.2d 937) (April 3, 2002) (Judge Nancy G. Edmunds) by Here the Court granted the plaintiffs an injunction against the closure of all deportation hearings involving persons determined by the Government to be "special interest" cases, on the grounds that such a blanket …

Bell v. Jarvis, No. 98-7002 (4th Cir.) (236 F.3d 149) (December 29, 2000) (Judge William B. Jr. Traxler)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Closure of Courtroom

Bell v. Jarvis, No. 98-7002 (4th Cir.) (236 F.3d 149) (December 29, 2000) (Judge William B. Jr. Traxler) by This is a significant (but divided) en banc decision on the issue of closure of the courtroom, upholding numerous convictions for sexual misconduct despite the complete closure of the courtroom during …

Morgan v. Illinois, No. 91-5118 (U.S. Supreme Court) (504 U.S. 719; 112 S.Ct. 2222) (June 15, 1992) (Justice White)

Article • June 21, 2000

Filed under: Punch And Jurists, Voir Dire

Morgan v. Illinois, No. 91-5118 (U.S. Supreme Court) (504 U.S. 719; 112 S.Ct. 2222) (June 15, 1992) (Justice White) by Case held that the trial court's refusal to inquire whether potential jurors would automatically impose the death penalty upon convicting a defendant is inconsistent with the Due Process Clause and …

Rosales-Lopez v. U.S., No. 79-6624 (U.S. Supreme Court) (451 U.S. 182; 101 S.Ct. 1629) (April 21, 1981) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Voir Dire

Rosales-Lopez v. U.S., No. 79-6624 (U.S. Supreme Court) (451 U.S. 182; 101 S.Ct. 1629) (April 21, 1981) (Justice White) by The Court held that the failure to honor a defendant's request to inquire into racial or ethnic prejudice is reversible error only where the circumstances of the case indicate a …

Press-Enterprise Co. v. Superior Court of California, No. 82-556 (U.S. Supreme Court) (464 U.S. 501; 104 S.Ct. 819) (January 18, 1984) (Justice Burger)

Article • February 21, 2000

Filed under: Punch And Jurists, Voir Dire

Press-Enterprise Co. v. Superior Court of California, No. 82-556 (U.S. Supreme Court) (464 U.S. 501; 104 S.Ct. 819) (January 18, 1984) (Justice Burger) by The Court held that "No right ranks higher than the right of the accused to a fair trial. But the primacy of the accused's right is …

Braun v. Powell, No. 97-C-0423 (E.D.Wisc.) (77 F.Supp.2d 973) (December 13, 1999) (Judge Lynn S. Adelman)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Closure of Courtroom

Braun v. Powell, No. 97-C-0423 (E.D.Wisc.) (77 F.Supp.2d 973) (December 13, 1999) (Judge Lynn S. Adelman) by Here the Court held that the exclusion from a trial of a spectator who had been excused from the jury panel violated the defendant's Sixth Amendment right to a public trial.

Bell v. Jarvis, No. 98-7002 (4th Cir.) (198 F.3d 432) (December 2, 1999) (Judge John D. Jr. Butzner)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Closure of Courtroom

Bell v. Jarvis, No. 98-7002 (4th Cir.) (198 F.3d 432) (December 2, 1999) (Judge John D. Jr. Butzner) by This case is noted for its review of the constitutional importance of public trials; and what is particularly significant is the sweeping scope of the Court’s language. For example, the Court …

U.S. v. Sarafini, No. 3:CR-97-0225 (M.D.Pa.) (57 F.Supp.2d 108) (June 23, 1999) (Judge Thomas I. Vanaskie)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Voir Dire

U.S. v. Sarafini, No. 3:CR-97-0225 (M.D.Pa.) (57 F.Supp.2d 108) (June 23, 1999) (Judge Thomas I. Vanaskie) by This cases is noted for its detailed examination of 140 proposed voir dire questions for prospective jurors, in which it rejected 69 of the questions and modified another, on the grounds that they …