Rodriguez v. Miller

McLAUGHLIN, Circuit Judge:

The Supreme Court has vacated our decision in this habeas proceeding with the instruction to reconsider it in light of Carey v. Musladin, — U.S.-, 127 S.Ct. 649, 166 L.Ed.2d 482 (2006).

Relying on our own well-settled precedent and what we conceived to be the teachings of the high court, we had held that the New York State Courts had unreasonably applied “clearly established” Sixth Amendment law in excluding Jose Rodriguez’s family from his criminal trial. Accordingly, we remanded the case to the United States District Court for the Eastern District of New York…