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Second Circuit Review: The Sixth Amendment and the Right to a Public Trial
June 22, 2022
Litigation of counsel Martin Flumenbaum and firm Chairman Brad Karp’s latest Second Circuit Review column, “The Sixth Amendment and the Right to a Public Trial,” appeared in the June 22 issue of the New York Law Journal. The authors discuss the court’s decision in Jordan v. Lamanna, in which the panel unanimously reversed a district court’s grant of habeas corpus, finding that the trial judge’s closing of the courtroom to the public for approximately 15 minutes during Gigi Jordan’s nine-week trial did not violate her right to a public trial as guaranteed by the Sixth Amendment. The Second Circuit has published decisions on Sixth Amendment public trial claims only a handful of times over the last three decades, and the decision in Jordan continues its substance-over-form approach to such cases. Litigation associate Jacob Humerick assisted in the preparation of this column.