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.
Argued: August 7, 2009
Decided and Filed: November 13, 2009
Opinion by Circuit Judge Clay
For Appellant: Elizabeth L. Jacobs, Law Office, Detroit, Michigan
For Appellee: Andrew I. Shirvell, Office of the Michigan Attorney General, Lansing, Michigan