1. Home
  2. Browse Decisions
  3. F.3d
  4. 657 F.3d
  5. 657 F.3d 97 (2011)
 

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...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED
OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases