Rose Ann Brown v. Anginell Andrews, Superintendent of Albion Correctional Facility

Second Circuit

Rose Ann Brown v. Anginell Andrews, Superintendent of Albion Correctional Facility

220 F.3d 634, 2000 U.S. App. LEXIS 21165, 2000 WL 1134343

CourtCourt of Appeals for the Second Circuit

DecidedAugust 9, 2000

DocketDocket 98-2717

StatusPublished

Cited by3 cases

This text of 220 F.3d 634 (Rose Ann Brown v. Anginell Andrews, Superintendent of Albion Correctional Facility) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rose Ann Brown v. Anginell Andrews, Superintendent of Albion Correctional Facility, 220 F.3d 634, 2000 U.S. App. LEXIS 21165, 2000 WL 1134343 (2d Cir. 2000).

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Opinion

*635 PER CURIAM:

This is a petition under 28 U.S.C. § 2254 challenging a New York State narcotics conviction on the ground that the trial judge ordered the courtroom closed during the testimony of an undercover police officer under circumstances that do not conform to the constitutional standards. The district court denied the petition. This panel reversed, directing the petition to be granted. The court voted to rehear the appeal in banc.

At the in banc argument, the Attorney General of the State of New York, representing the interests of the State in opposition to the petition, took the position that the hearing evidence did not comport with governing standards for closure. Because there was no dispute between the parties on the propriety of the closure, the in banc court dissolved itself and remanded the appeal to the panel to be resolved on the basis of the Attorney General’s concession.

On the basis of the Attorney General’s concession, and without considering the merits of the question, we reverse the judgment of the district court and remand with instructions to grant the petition. Our prior opinion dated June 18, 1999 is hereby vacated.

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*635 PER CURIAM:

This is a petition under 28 U.S.C. § 2254 challenging a New York State narcotics conviction on the ground that the trial judge ordered the courtroom closed during the testimony of an undercover police officer under circumstances that do not conform to the constitutional standards. The district court denied the petition. This panel reversed, directing the petition to be granted. The court voted to rehear the appeal in banc.

At the in banc argument, the Attorney General of the State of New York, representing the interests of the State in opposition to the petition, took the position that the hearing evidence did not comport with governing standards for closure. Because there was no dispute between the parties on the propriety of the closure, the in banc court dissolved itself and remanded the appeal to the panel to be resolved on the basis of the Attorney General’s concession.

On the basis of the Attorney General’s concession, and without considering the merits of the question, we reverse the judgment of the district court and remand with instructions to grant the petition. Our prior opinion dated June 18, 1999 is hereby vacated.

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220 F.3d 634, 2000 U.S. App. LEXIS 21165, 2000 WL 1134343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-ann-brown-v-anginell-andrews-superintendent-of-albion-correctional-ca2-2000.

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