No. 20-7889

Anthony Sistrunk v. United States

Lower Court: Third Circuit
Docketed: 2021-04-29
Status: Denied
Type: IFP
IFP
Tags: plain-error plain-error-review public-trial public-trial-right sixth-amendment structural-error sua-sponte-closure voir-dire waller-v-georgia
Key Terms:
Jurisdiction
Latest Conference: 2021-09-27
Related Cases: 20-1523 (Vide) 20-7796 (Vide) 20-7868 (Vide)
Question Presented (AI Summary)

Whether the violation of the public trial provisions of the Sixth Amendment constitutes a structural error requiring automatic reversal under the plain error standard of review when the district court sua sponte closes the courtroom for the entirety of voir dire without making the required findings under Waller v. Georgia

Question Presented (OCR Extract)

QUESTION PRESENTED: 1. In the context of direct appeal, when the district court sua sponte closes the courtroom for the entirety of voir dire and fails to make findings specifically identifying the “higher values” that must be preserved by closure pursuant to Waller v. Georgia, does the violation of the public trial provisions of the Sixth Amendment rise to a structural error of such magnitude that it constitutes a per se reversible error under the “plain error” standard of review? i

Docket Entries

2021-10-04
Motion for leave to proceed in forma pauperis filed by respondent Maurice Atkinson GRANTED.
2021-10-04
Petition DENIED.
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-06-22
Motion to extend the time to file a response is granted and the time is further extended to and including July 30, 2021.
2021-06-17
Motion to extend the time to file a response from July 1, 2021 to July 30, 2021, submitted to The Clerk.
2021-05-28
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2021.
2021-05-26
Motion to extend the time to file a response from June 1, 2021 to July 1, 2021, submitted to The Clerk.
2021-05-25
Motion for leave to proceed in forma pauperis filed by respondent Maurice Atkinson.
2021-05-24
Brief of respondents Rolando Cruz, Jr., Marc Hernandez, Roscoe Villega in support filed.
2021-05-12
Brief of respondent Douglas Kelly in support filed.
2021-05-05
Brief of respondent Maurice Atkinson in support filed.
2021-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)

Attorneys

Anthony Sistrunk
Daniel M. MyshinAttorney at Law, Petitioner
Daniel M. MyshinAttorney at Law, Petitioner
Maurice Atkinson
John F. YaninekThomas, Thomas & Hafer LLP, Respondent
John F. YaninekThomas, Thomas & Hafer LLP, Respondent
Rolando Cruz, Jr., Marc Hernandez, Roscoe Villega
Peter Goldberger — Respondent
Peter Goldberger — Respondent
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent