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SMITH v. HOLLINS

Docket No. 03-2250-PR.

448 F.3d 533 (2006)

Bryant SMITH, Petitioner-Appellant, v. Melvin L. HOLLINS, Superintendent, Oneida Correctional Facility, and Eliot Spitzer, New York Attorney General, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 15, 2006.

Attorney(s) appearing for the Case

Amy Irene Donner, Legal Aid Society, Criminal Appeals Bureau, New York, N.Y. (Laura R. Johnson, on the brief), for Petitioner-Appellant.

Sholom J. Twersky, Assistant District Attorney, for Charles J. Hynes, District Attorney Kings County, Brooklyn, N.Y. (Victor Barall and Leonard Joblove, on the brief), for Respondents-Appellees.

Before: McLAUGHLIN and SACK, Circuit Judges, and KOELTL, District Judge.

Judge SACK files a separate opinion concurring in part.

McLAUGHLIN, Circuit Judge.

Bryant Smith filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In it he claims that the state trial court's exclusion of his brother and sister during the testimony of two undercover officers, unless they consented to sitting behind a screen, violated his Sixth Amendment right to a public trial. The United States District Court for the Eastern District...

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