Thursday, November 02, 2006

district court exceeded the permissible bounds

Yung v. Walker, No. 03-2023 (2d Cir. October 31, 2006)
Grant of conditional writ of habeas corpus and denial of respondents' request for an evidentiary hearing is vacated where the district court exceeded the permissible bounds of its discretion in granting the petition without affording the state courts an opportunity to make additional findings and to conduct an evidentiary hearing to permit the parties to present additional evidence concerning the justification for the closure.
http://caselaw.lp.findlaw.com/data2/circs/2nd/032023p.pdf



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