Salih Sevencan v. Victor Herbert, Superintendent, Attica Correctional Facility

POOLER, Circuit Judge, filed an opinion concurring in the judgment.

JOSÉ A. CABRANES, Circuit Judge:

Salih Sevencan appeals from an Opinion and Order of the District Court for the Eastern District of New York (Allyne R. Ross, Judge) entered on August 3, 2001, denying his petition for a writ of habeas corpus. The District Court granted a Certificate of Appealability on the issue of whether the trial court’s refusal to except Sevencan’s wife from a limited courtroom closure order violated Sevencan’s Sixth Amendment rights.

We hold that (1) the requirement set forth in Yung v. Walker, 296 F.3d 129,…