Bryant Smith v. Melvin L. Hollins, Superintendent, Oneida Correctional Facility, and Eliot Spitzer, New York Attorney General
Court of Appeals for the Second Circuit
1Opinion of the Court
Judge SACK files a separate opinion concurring in part.
McLAUGHLIN, Circuit Judge.
Bryant Smith filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In it he claims that the state trial court’s exclusion of his brother and sister during the testimony of two undercover officers, unless they consented to sitting behind a screen, violated his Sixth Amendment right to a public trial. The United States District Court for the Eastern District of New York (Korman, C.J.) denied Smith’s petition in an oral opinion. We vacate the district court’s decision because we find that the…
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