Davis v. Grant

WESLEY, Circuit Judge:

The question before us today is: Was a New York court’s holding that a pro se Petitioner was not deprived of his Sixth Amendment rights when he was removed from the courtroom for disruptive conduct with no standby counsel appointed to represent him in his absence “contrary to, or ... an unreasonable application of, clearly established” Supreme Court precedent? See 28 U.S.C. § 2254(d)(1). In light of this Court’s decisions in Torres v. United States, 140 F.3d 392 (2d Cir.1998), and Clark v. Perez, 510 F.3d 382 (2d Cir.2008), we must conclude that it was not.

BACKGROUND

Petit…