United States Second Circuit

In an appeal from a judgment of the district court denying petitioner's application for habeas relief brought on the ground that his Sixth Amendment right to a public trial was violated due to a state trial judge's failure to make specific findings justifying the exclusion of petitioner's twelve-year-old brother from the courtroom during trial, judgment is affirmed where the state court’s finding that petitioner's claim was not preserved for appellate review is an independent and adequate state ground for the decision, which bars federal habeas review.

Appellate Information

• Decided 09/14/2011
• Published 09/14/2011

Judges

• Lohier

Court

• United States Second Circuit

Counsel