Brief filed: 11/14/2011
United States v. Gupta
2nd Circuit Court of Appeals; Case No. 09-4738-cr
The Sixth Amendment guarantees a public trial, including jury selection. Presley v. Georgia, 130 S.Ct. 721 (2010). The panel below found that trial court’s exclusion of the defendant’s family was intentional and in violation of Presley but applied the Second Circuit’s “triviality” exception. The court, sitting en banc, should abolish the “triviality exception” to constitutional errors as impermissibly arbitrary, subjective, standardless and unworkable.
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