After an historic in banc hearing, the Second Circuit Court of Appeals reversed an immigration fraud conviction upon finding that the trial court violated the defendant’s Sixth Amendment right to a public trial by excluding his brother and girlfriend from the courtroom during jury selection. After a three-judge panel initially found that the exclusion was “trivial” and affirmed the conviction, the full court of Second Circuit active judges reheard the appeal during nearly 90 minutes of argument. The original panel court amended its opinion and found that the closure was intentional, unjustified and non-trivial, vacating the conviction. Read the opinion here. Read coverage of the decision by Thomson Reuters here. Susan Wolfe argued the appeal before the circuit court.
November 10, 2012