Skip to main content
· 2/26/2008

Yang Guang Lin v. U.S. Attorney General

Citations

  • 267 F. App'x 38

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying an abuse of discretion standard and stating that “[t]he question of whether ‘an overriding interest’ [necessitating closure] exists lies in the sound discretion of the military judge”
  • describing the abuse of discretion standard within the context of a military judge’s decision not to close the trial to the public upon the motion of an accused
  • to find an abuse of discretion, the challenged action must be arbitrary, fanciful, clearly unreasonable, or clearly erroneous
  • abuse of discretion occurs when a military judge exercises his discretion based on incorrect principles of law
  • where record contains nothing to support either side of a defense motion to close the trial, military judge’s ruling sustained
  • “[W]e will not substitute our judgment for that of the military judge who was present in the courtroom and familiar with the sense of what was happening at the time of the [events].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Hall, Hon, Parker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.