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DOWNS v. LAPE

No. 09-4723-pr.

657 F.3d 97 (2011)

Everett DOWNS, Petitioner-Appellant, v. Superintendent William LAPE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 14, 2011.

Attorney(s) appearing for the Case

Donna R. Newman , Buttermore Newman , Delanney & Foltz, LLP, New York, NY, for Petitioner-Appellant.

Ashlyn Dannelly ( Barbara D. Underwood , Roseann B. MacKechnie , and Paul B. Lyons , on the brief), Eric T. Schneiderman , Attorney General of the State of New York, for Respondent-Appellee.

Judge CHIN dissents by separate opinion.

LOHIER, Circuit Judge:

Everett Downs appeals the District Court's denial of his petition for habeas corpus brought under 28 U.S.C. § 2254, which claimed a violation of his Sixth Amendment right to a public trial. The claim rests on the New York state trial judge's failure to make specific findings justifying the removal of Downs's relative from the courtroom during trial. The appeal requires us to consider whether New...

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