Legal Opinion

Yung v. Walker

District Court, S.D. New York

Decided April 17, 2001No. 00 Civ. 1263PublishedCited by 4 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Petitioner Hoi Man Yung (“Yung”), a prisoner in state custody, has filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254 alleging that the trial court’s decision to close the courtroom to his family members during the testimony of an undercover officer violated his Sixth Amendment right to a public trial. For the reasons set forth below, the petition will be granted and the case remanded with instructions to release Yung unless a new trial is held within a reasonable time.

Facts

In 1993, Yung was indicted on multiple counts each of first-degree criminal…

2Cases cited28 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Estelle v. McGuireSupreme Court of the United States · 1991
  4. Wainwright v. SykesSupreme Court of the United States · 1977
  5. Duncan v. LouisianaSupreme Court of the United States · 1968

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3Cited by4 opinions

  1. Hoi Man Yung v. Hans Walker, Superintendent, Auburn Correctional Facility, and Eliot L. Spitzer, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2003
  2. Hoi Man Yung v. Hans Walker and Eliot L. SpitzerCourt of Appeals for the Second Circuit · 2006
  3. Hoi Man Yung v. Hans Walker, Superintendent, Auburn Correctional Facility, and Eliot L. Spitzer, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2002
  4. Sevencan v. HerbertDistrict Court, E.D. New York · 2001

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