United States Second Circuit

Denial of habeas petition is vacated where the state court failed to make the requisite particularized findings necessary to justify the decision upholding the state trial court's exclusion of petitioner's brother and sister during testimony of two undercover officers, unless they consented to sitting behind a screen.

Appellate Information

• Decided 05/15/2006
• Published 05/15/2006

Judges

• Before:  McLAUGHLIN and SACK, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Amy Irene Donner, Legal Aid Society, Criminal Appeals Bureau, New York, N.Y. (Laura R. Johnson, on the brief), for Petitioner-Appellant.


• For Appellees:
  
• Sholom J. Twersky, Assistant District Attorney, for Charles J. Hynes, District Attorney Kings County, Brooklyn, N.Y. (Victor Barall and Leonard Joblove, on the brief), for Respondents-Appellees.