United States First Circuit

Denial of a petition for habeas corpus is reversed in part and remanded for further proceedings where the district court's decision to deny evidentiary hearings was an abuse of discretion since: 1) defendant's allegations of ineffective assistance of counsel were not implausible; 2) closure of jury selection to the public for an entire day without meeting the strict Waller requirements would violate a defendant's right to a public trial; 3) failure to object to such a closure might constitute ineffective assistance of counsel; and 4) denial of a public trial is structural error and prejudice must be assumed. The denial of habeas relief is affirmed on all other points.

Appellate Information

• Decided 04/12/2007
• Published 04/12/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter B. Krupp, with whom Lurie & Krupp, LLP was on brief, for appellant.


• For Appellees:
  
• Theodore B. Heinrich, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.