For 90 minutes, 15 judges sitting en banc grappled with the issue of whether any closing of the courtroom during jury selection constitutes a "structural" flaw in the proceedings requiring a new trial for a convicted defendant or whether there remains a subset of closings so trivial that do not violate the Sixth Amendment right to a public trial and do not warrant disturbing the verdict.
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En Banc Circuit Grapples With Closed Court During Jury Selection in Lawyer's Trial
New York Law Journal
December 15, 2011
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