No. 21-5684

Zaire Paige v. Stewart Eckert, Superintendent, Wende Correctional Facility, et al.

Lower Court: Second Circuit
Docketed: 2021-09-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-confrontation constitutional-rights courtroom-presence criminal-procedure due-process habeas-corpus illinois-v-allen judicial-discretion second-circuit trial-rights
Key Terms:
HabeasCorpus
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Whether petitioner was denied his constitutional right to be present at his trial

Question Presented (OCR Extract)

QUESTION PRESENTED Whether petitioner was denied his constitutional right to be present at his trial, where the judge ejected him after a single, brief, spontaneous, nonviolent courtroom outburst during a witness’s testimony and never let him return for the rest of his trial, or even follow it remotely, despite petitioner’s repeated assurances that there would be no further disruptions; and whether the Second Circuit’s denial of relief was based on an unwarranted deference to the state court’s factual and legal determinations, thereby undermining the fundamental principles set forth in Illinois v. Allen, 397 U.S. 337 (1970).

Docket Entries

2021-11-01
Petition DENIED.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-10-07
Waiver of right of respondent Stewart Eckert, et al. to respond filed.
2021-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2021)

Attorneys

Stewart Eckert, et al.
Leonard JobloveKings County District Attorney's Office, Respondent
Leonard JobloveKings County District Attorney's Office, Respondent
Zaire Paige
Richard JoselsonThe Legal Aid Society, Petitioner
Richard JoselsonThe Legal Aid Society, Petitioner