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
Latest Conference: 2021-10-29
Question Presented (from Petition)

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).

Question Presented (AI Summary)

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

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
Zaire Paige
Richard JoselsonThe Legal Aid Society, Petitioner