· 12/29/1998
Gerald English v. Christopher Artuz, Superintendent Green Haven Correctional Facility
Citations
- 164 F.3d 105
- 1998 U.S. App. LEXIS 32524
- 1998 WL 904672
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the absence of “meaningful findings” violated the appellant’s right to a public trial
- holding that the right to a public trial was violated when the court excluded family members, and rejecting the government’s contention that removal of spectators was required because the state could not tell who was a family member of the defendant
- rejecting prosecutor’s “generalized comments” as insufficient to show overriding interest in closing courtroom to defendant’s family during witness’s testimony
- holding the right to a public trial was violated when the court excluded family members, and rejecting the government’s contention that removal of spectators was required because the state could not tell who was a family member of the defendant
- affirming grant of habeas relief where “trial judge failed to use the colloquy to arrive at meaningful findings adequate to justify the exclusion of [the accused’s] family”
- \[T]he state's obligation to show an overriding interest cannot be met by a proffer of mere speculation.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Cardamone, Pooler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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