Legal Question in Appeals and Writs in New York

A friend of mine was convicted 20 years ago and sentenced to a life term. Because of the magnitude of the trial, the District Judge in the case barred all the public from the Jury Selection process, even his family members and the media. This past January 19, 2010, the US Supreme Court came down with a decision that reversed and vacated a defendant who had a life sentence.(Presley v. Georgia) In Presley, again the District Judge barred the uncle of the defendant from the courtroom during Voir Dire. The Supreme Court ruled that a defendant has a right to a public trial in all proceedings including jury selection. In my friend's case, he went through all the post-trial proceedings including Direct Appeal and a 2255 with no relief. However, no issue of the family's not being able to enter jury selection was raised. But at trial, an objection was raised by counsel. With all the time that has passed, is there still some Habeas maneuverability at his disposal. Any Ideas

Thanks


Asked on 3/02/10, 12:15 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

State Postconviction Proceedings � Retroactive Application of New Rules: Danforth v. Minnesota. http://hlr.rubystudio.com/media/pdf/danforth_v_minnesota.pdf

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Answered on 3/08/10, 7:05 pm


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