United States Second Circuit

Grant of conditional writ of habeas corpus and denial of respondents' request for an evidentiary hearing is vacated where the district court exceeded the permissible bounds of its discretion in granting the petition without affording the state courts an opportunity to make additional findings and to conduct an evidentiary hearing to permit the parties to present additional evidence concerning the justification for the closure.

Appellate Information

• Decided 10/31/2006
• Published 10/31/2006

Judges

• KAPLAN, District Judge., Before POOLER and SOTOMAYOR, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Melanie L. Oxhorn Esq., Attorney General State of New York, New York, NY, for Respondents-Appellants.