The exclusion of a defendant’s brother and girlfriend from the courtroom during voir dire was too “trivial” a breach of the right to a public trial to require reversal, a panel of the U.S. Court of Appeals for the Second Circuit has ruled in a 2-1 decision.
But for the dissenter, the use of the circuit’s triviality doctrine to avoid reversal was “so self-evidently inconsistent with Supreme Court jurisprudence” that “I would hope” that the U.S. Supreme Court grants certiorari.
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