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Article • March 1, 2009 • from P&J March, 2009
Gibbons v. Savage, No. 07-3306-pr (2nd Cir.) (555 F.3d 112) (January 28, 2009) (Judge Pierre N. Leval) by In conviction for rape, incest, and endangering the welfare of a child, denial of petition for habeas corpus is affirmed where: 1) though the state trial court's decision to exclude the public …
Article • January 14, 2007
Waller v. Georgia, No. 83-321 (U.S. Supreme Court) (467 U.S. 39; 104 S.Ct. 2210) (May 21, 1984) (Justice Powell) by This is the Supreme Court's seminal case on courtroom closures, where it held that the Sixth Amendment guaranteed of public trials means that the closure of criminal proceedings to the …
Article • January 26, 2002
Neder v. U.S., No. 97-1985 (U.S. Supreme Court) (527 U.S. 1; 119 S.Ct. 1827) (June 10, 1999) (Justice Rehnquist) by The Supreme Court also affirmed that the denial of a right to a public trial was a structural error and held that "errors of this type are so intrinsically harmful …
Article • April 1, 2001 • from P&J April, 2001
U.S. v. Harbin, No. 99-3255 (7th Cir.) (250 F.3d 532) (May 8, 2001) (Judge Ilana Diamond Rovner) by Here the Court held that the district court committed structural error that was automatically reversible when it permitted the Government to use one of its "saved" peremptory challenges to remove a juror …