Johnson v. Sherry, No. 08-1322

In a second degree murder case, district court's denial of defendant's petition for habeas relief is vacated and remanded for an evidentiary proceeding to determine whether: 1) the trial closure during the testimony of three prosecution witnesses was justifiable; 2) trial counsel was constitutionally ineffective for failing to object to the closure; and 3) the cause and prejudice components of defendant's public trial claim can be satisfied.     

Read Johnson v. Sherry, No. 08-1322

Appellate Information

Argued: August 7, 2009

Decided and Filed: November 13, 2009

Judges

Opinion by Circuit Judge Clay

Counsel

For Appellant:  Elizabeth L. Jacobs, Law Office, Detroit, Michigan

For Appellee:   Andrew I. Shirvell, Office of the Michigan Attorney General, Lansing, Michigan