JOHNSON v. SHERRY

No. 08-1322.

586 F.3d 439 (2009)

William JOHNSON, Petitioner-Appellant, v. Jeri Ann SHERRY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2009.


Attorney(s) appearing for the Case

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.

CLAY, J., delivered the opinion of the court, in which COLE, J., joined. KETHLEDGE, J. (pp. 448-50), delivered a separate dissenting opinion.


OPINION

CLAY, Circuit Judge.

Petitioner William Johnson ("Johnson") appeals the district court's judgment denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On appeal, he argues that the state violated his Sixth Amendment right to a public trial when it excluded the public from the courtroom during portions of his jury trial and that his Sixth Amendment right to effective assistance...

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