United States Second Circuit

The district court properly conducted a Nieblas hearing to determine that the exclusion of petitioner's wife was justified. The state trial court's decision to exclude petitioner's wife was not an unreasonable application of clearly established Federal law, as determined by the United States Supreme Court, 28 U.S.C. section 2254(d).

Appellate Information

• Decided 08/07/2003
• Published 08/07/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  MINER, CABRANES, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Georgia J. Hinde, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Phyllis Mintz, Leonard Joblove, Sholom J. Twersky, Assistant District Attorneys (Office of the District Attorney, Kings County, Brooklyn, NY), for Respondent-Appellee.