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Wednesday, August 29, 2007

So Close. The Second Circuit had granted Rodriguez's petition for habeas corpus on the ground that his Sixth Amendment rights had been violated by the state court having excluded his family from his criminal trial. Then, the Supreme Court had to get in the act and vacate and remand the case with instructions to reconsider it in light of the Supreme Court's decision in Carey v. Musladin. So what's the Second Circuit to do? It has now affirmed the district court's decision denying the petition.

The decision in Rodriguez v. Miller can be found here.

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