United States v. Gupta
Brief Details
- Case No.: 09-4738-cr
- Brief Filed: November 14, 2011
- Jurisdiction: 2nd Circuit Court of Appeals
Key Topics in the Brief
Briefs
Argument(s)
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.
Author(s)
Mark Fernich, New York, NY.
