United States Sixth Circuit

In a second degree murder case, district court's denial of defendant's petition for habeas relief is vacated and remanded for an evidentiary proceeding to determine whether: 1) the trial closure during the testimony of three prosecution witnesses was justifiable; 2) trial counsel was constitutionally ineffective for failing to object to the closure; and 3) the cause and prejudice components of defendant's public trial claim can be satisfied.

Appellate Information

• Decided 11/13/2009
• Published 11/13/2009

Judges

• Before: COLE, CLAY, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Elizabeth L. Jacobs, Law Office, Detroit, Michigan, for Appellant.  Andrew L. Shirvell, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Elizabeth L. Jacobs, Law Office, Detroit, Michigan, for Appellant.  Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.