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CARSON v. FISCHER

Docket No. 04-3018-PR.

421 F.3d 83 (2005)

Uniko CARSON Petitioner-Appellant, v. Brian FISCHER, Superintendent, Sing Sing Correctional Facility, Eliot L. Spitzer, New York State Attorney General Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 23, 2005.

Attorney(s) appearing for the Case

Amy Irene Donner (Andrew C. Fine, on the brief), The Legal Aid Society, Criminal Appeals Bureau, New York, NY, for Petitioner-Appellant.

Traci R. Wilkerson, Assistant District Attorney (John M. Castellano, Assistant District Attorney, on the brief), for Richard A. Brown, District Attorney, Queens County, Kew Gardens, NY, for Respondents-Appellees.

Before: CALABRESI, KATZMANN, B.D. PARKER, Circuit Judges.

B.D. PARKER, JR., Circuit Judge.

This appeal requires us to consider whether, when a defendant's ex-mother-in-law is excluded from a limited portion of a criminal trial that is attended by other members of the defendant's family, law enforcement personnel, counsel, and a jury, the Sixth Amendment's public trial guarantee requires granting habeas corpus relief absent particularized findings justifying the exclusion. While the Sixth Amendment generally requires specialized...

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