United States Second Circuit

In conviction for rape, incest, and endangering the welfare of a child, denial of petition for habeas corpus is affirmed where: 1) though the state trial court's decision to exclude the public from the jury selection process for one afternoon was not justified in view of Waller v. Georgia, 467 U.S. 39 (1984); 2) the temporary closure of the courtroom was too brief and trivial to justify overturning petitioner's conviction where the only rulings of the court during the courtroom closure were done with consent of both parties, and the court's introductory remarks to jurors were without objection; and 3) while the harmless error standard was not applicable to denial of the constitutional right of public trial, a violation which is brief and trivial does not necessarily require a mistrial.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

Court

• United States Second Circuit

Counsel