Structural Failure
Gibbons v. Savage, No. 07-3306-pr (2d Cir. January 28, 2009)(McLaughlin, Leval, Pooler, CJJ). At Robert Gibbons’ state court trial, the judge closed the courtroom during jury selection, expelling the only spectator, Gibbons’ mother. After exhausting his state court appeals, Gibbons filed a 2254 petition, which the district court dismissed. The circuit affirmed. In doing so, … Read more