Gibbons v. Savage

LEVAL, Circuit Judge:

Petitioner-Appellant Robert Gibbons appeals from a judgement of the United States District Court for the Southern District of New York (Brieant, J.) denying his petition for habeas corpus pursuant to 28 U.S.C. § 2254, seeking to overturn his New York State conviction for rape, incest, and endangering the welfare of a child. Gibbons claims that he is entitled to retrial because (1) he was deprived of his right to a public trial guaranteed by the Sixth Amendment, (2) he was denied a fair trial due to juror misconduct, (3) the receipt in evidence of tape-recorded…