Friday, February 3, 2017

Closing Trial to Public for Officer Safety Permissible

A defendant is not entitled to federal habeas corpus relief after a state court denies him a public trial, reaffirming that a court has the discretion to close a trial to protect a witness

Moss v. Colvin, 2d Cir., No. 15-2272, 1/9/17.

The Second Circuit held that a trial court did not abuse its discretion in closing a trial to the public to protect an officer-witness because it properly considered alternatives, which precluded federal habeas corpus review. The defendant argued that the trial court failed to find an overriding interest that would be prejudiced if the trial was to remain open. Ultimately, the court considered alternatives but met the standard of review that gives courts greater deference under the Antiterrorism and Effective Death Penalty Act in closing trials to the public.

In reviewing the habeas corpus petition, the Second Circuit found that the state appellate court in their review of the trial court’s actions was correct in finding from the record that alternatives were considered and that there was an overriding interest of officer safety that warranted the closure of the trial to the public. The circuit court, however, did caution the trial court to be careful and exact in outlining the reasons a courtroom must be closed to the public.

http://www.bloomberglaw.com/public/document/Moss_v_Colvin_No_152272_2017_BL_4847_2d_Cir_Jan_09_2017_Court_Opi.

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