Bowden v. Keane Book Reviews

Bowden v. Keane by Second Circuit U.S. Court Of Appeals Book Summary

Argued: September 12, 2000 Appeal from a judgment of the United States District Court for the Southern District of New York (John E. Sprizzo, Judge) denying appellant Vernon Bowden's petition for a writ of habeas corpus on the ground that closure of the courtroom during Bowden's trial did not violate his rights under the Sixth Amendment to the United States Constitution. Under the framework established in Waller v. Georgia, 467 U.S. 39 (1984), a criminal trial may be closed to the public only if ""[1] the party seeking to close the hearing . . . advance[s] an overriding interest that is likely to be prejudiced, [2] the closure . . . [is] no broader than necessary to protect that interest, [3] the trial court . . . consider[s] reasonable alternatives to closing the proceeding, and [4] [the trial court] make[s] findings adequate to support the closure."" Id. at 48. We hold that each of these four prongs was satisfied here, and that the courtroom closure ordered by the trial judge was therefore constitutionally permissible. Affirmed.

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