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Brown v. Andrews, No. 98-2717 (2nd Cir.) (180 F.3d 403) (June 8, 1999) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Closure of Courtroom

Brown v. Andrews, No. 98-2717 (2nd Cir.) (180 F.3d 403) (June 8, 1999) (Judge Guido Calabresi) by We sense that the Second Circuit may still be trying to make amends for its last major controversial decision on the subject of public trials and courtroom closures. In Ayala v. Speckard, 131 …

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Closure of Courtroom

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr) by The principal issue raised on this appeal was a claim that the defendants' rights under the Sixth Amendment had been violated through the implementation of spectator screening procedures that "chilled" their right …

In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Right to be Present

In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris) by The governing rationale for this decision was probably given away in the very beginning when the majority observed: "Plaintiff is no stranger to the litigation process. In the past four years alone, …

In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Right to be Present

In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris) by The governing rationale for this decision was probably given away in the very beginning when the majority observed: "Plaintiff is no stranger to the litigation process. In the past four years alone, …

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Right to be Present

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam) by Citing cases, the Court held that Confrontation Clause does not require presence of defendant at hearing on Motion for New Trial.

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Closure of Courtroom

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman) by This disturbing en banc decision consolidates and re-addresses appeals in three separate, previous decisions - namely, Ayala v. Speckard, 89 F.3d 91 (2nd Cir. 1996) ("Ayala I"); Okonkwo v. Lacy, …

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Closure of Courtroom

Ayala v. Speckard, No. 95-2463, No. 1304 (2nd Cir.) (131 F.3d 62) (December 3, 1997) (Judge Jon O. Newman) by This disturbing en banc decision consolidates and re-addresses appeals in three separate, previous decisions - namely, Ayala v. Speckard, 89 F.3d 91 (2nd Cir. 1996) ("Ayala I"); Okonkwo v. Lacy, …

U.S. v. Canady, No. 96-2402, No. 2003 (2nd Cir.) (126 F.3d 352) (September 24, 1997) (Judge John M. Jr. Walker)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Right to be Present

U.S. v. Canady, No. 96-2402, No. 2003 (2nd Cir.) (126 F.3d 352) (September 24, 1997) (Judge John M. Jr. Walker) by Defendant has a right to be present when verdict is imposed even following jury trial. The defendant in this case waived his right to a jury trial and, accordingly, …

Pearson v. James, No. 95-2801, No. 1669 (2nd Cir.) (105 F.3d 828) (January 30, 1997) (Judge Jon O. Newman)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Closure of Courtroom

Pearson v. James, No. 95-2801, No. 1669 (2nd Cir.) (105 F.3d 828) (January 30, 1997) (Judge Jon O. Newman) by Court held that ordering closure of courtroom without considering alternatives violated the petitioner's right to a public trial. The reigning hot topic in the Second Circuit these days seems to …

Okonkwo v. Lacy, No. 95-2626, No. 1363 (2nd Cir.) (104 F.3d 21) (January 3, 1997) (Judge Roger J. Miner)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Closure of Courtroom

Okonkwo v. Lacy, No. 95-2626, No. 1363 (2nd Cir.) (104 F.3d 21) (January 3, 1997) (Judge Roger J. Miner) by Here the Second Circuit essentially affirmed Judge Scheindlin's ruling that the State court's findings were inadequate to support an order closing the courtroom while an undercover agent, who feared for …

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Right to be Present

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner) by Here the Court held that the defendant did not have the right to be present when he was resentenced on remand.

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Right to be Present

U.S. v. Parker, No. 95-3899 (7th Cir.) (101 F.3d 527) (December 2, 1996) (Judge Richard A. Posner) by Here the Court held that the defendant did not have the right to be present when he was resentenced on remand.

U.S. v. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Right to be Present

U.S. v. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood) by

U.S. v. Lancaster, No. 95-5012 (4th Cir.) (96 F.3d 734) (March 20, 1996) (Judge Karen J. Williams)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Voir Dire

U.S. v. Lancaster, No. 95-5012 (4th Cir.) (96 F.3d 734) (March 20, 1996) (Judge Karen J. Williams) by This en banc decision reverses a long-standing precedent in the Fourth Circuit which held that, when the Government's case depends wholly on the testimony of law enforcement agents, it is an abuse …

Peterson v. Williams, No. 95-2728, No. 1280 (2nd Cir.) (85 F.3d 39) (May 20, 1996) (Judge Guido Calabresi)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Closure of Courtroom

Peterson v. Williams, No. 95-2728, No. 1280 (2nd Cir.) (85 F.3d 39) (May 20, 1996) (Judge Guido Calabresi) by Case held that a brief and inadvertant continuation of a proper courtroom closure, not noticed by any of the trial participants, although not permitted by law, did not rise to a …

In Re Collins, No. 95-3861 (6th Cir.) (73 F.3d 614) (November 1, 1995) (Per Curiam)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Right to be Present

In Re Collins, No. 95-3861 (6th Cir.) (73 F.3d 614) (November 1, 1995) (Per Curiam) by On a petition for a Writ of Mandamus, the Court held that the prisoner/petitioner had no right to attend the depositions of the defendants he was suing in a civil rights action.

U.S. v. Doe, No. 95-8010 (2nd Cir.) (63 F.3d 121) (August 9, 1995) (Judge John M. Jr. Walker)

Article • October 1, 1995

Filed under: Punch And Jurists, Closure of Courtroom

U.S. v. Doe, No. 95-8010 (2nd Cir.) (63 F.3d 121) (August 9, 1995) (Judge John M. Jr. Walker) by Case is noted because it contains a good discussion of historical justifications and precedents for public trials and the burdens of proof that must be met by one seeking "closure".

U.S. v. Mosquera, No. CR 92-1228(JBW) (E.D.N.Y.) (816 F.Supp. 168) (March 16, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: Punch And Jurists, Right to be Present

U.S. v. Mosquera, No. CR 92-1228(JBW) (E.D.N.Y.) (816 F.Supp. 168) (March 16, 1993) (Judge Jack B. Weinstein) by Here the Court held that a "meaningfull" presence at trial assumes that the defendant will be informed about the proceedings in a manner that permits him to assist in his own defense …