No. 19-5610

Richard Felton v. Colette M. Goguen, Superintendent, North Central Correctional Institution

Lower Court: First Circuit
Docketed: 2019-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review certificate-of-appealability civil-procedure counsel-interference court-closure cronic-v-united-states due-process federal-courts habeas-corpus presley-v-georgia public-trial sixth-amendment standing waller-v-georgia
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the United States Court of Appeals for the First Circuit contravened this Court's holding in Terrell v. Morris, 493 U.S. 1 (1989) (per curiam), when it affirmed a Federal District Court decision that was not the District Court's actual decision?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; OL Whether the United States Court of Appeals for the First Circuit contravened this Court's holding in Terrell v. Morris, 493 U.S. 1 (1989) (per curiam), when it affirmed a Federal District Court decision that was not the District Court's actual decision? Il. The state court concluded that petitioner's Sixth Amendment right to public trial . was violated when the courtroom (for an entire phase of trial) was ordered closed to the . public without the trial court considering any of the factors illuminated in Waller v. Georgia, 468 U.S. 39 (1984). In light of that state court determination, and this Court's holding in Presley v. Georgia, 558 U.S. 209 (2010), did the United States Court of : Appeals for the First Circuit.error by concluding that petitioner failed to demonstrate : the violation of a constitutional right, as its sole basis for denying certificate of appealability from denial of both the petitioner's §2254 habeas petition, and his Rule | 60(b)(6) motion to vacate? . . iif. Defense counsel testified that she would have objected to the courtroom closure : that took place for all of jury selection during petitioner's trial had she been notified. In view of that testimony, did the court officer's surreptitious order to close the courtroom during petitioner's trial constitute a Sixth Amendment denial of counsel resulting from state interference "preventing [counsel] from assisting the accused during a critical ; stage of the proceeding," United States v. Cronic, 466 U.S. 648, 659 n.25 (1984)? If so, “ X _ did the United States Court of Appeals for the First Circuit error by concluding that ‘ petitioner failed to demonstrate the violation of a constitutional right, in its order denying a certificate of appealability from denial of both the petitioner's §2254 habeas petition, and his Rule 60(b)(6) motion to vacate? ;

Docket Entries

2019-10-15
Petition DENIED.
2019-10-02
Waiver of right of respondent Colette M. Goguen to respond filed.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Colette M. Goguen
Susanne G. ReardonMassachusetts Attorney General's Office, Respondent
Richard Felton
Richard Felton — Petitioner