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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. 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 …

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 …

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 …

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 …

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, …

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 …

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 …

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".