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Cardinal v. Gorczyk

United States Court of Appeals, Second Circuit
Apr 3, 1996
81 F.3d 18 (2d Cir. 1996)
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Summary

finding that defendant waived his right to be present at individual voir dire conducted at the bench

Summary of this case from Cohen v. Senkowski
See 4 Summaries

Opinion

Docket No. 95-2206.

Argued: November 1, 1995.

Decided: April 3, 1996.

SETH LIPSCHUTZ, Montpelier, Vermont, Prisoners' Rights Office, for Petitioner-Appellee.

PAMELA HALL JOHNSON, Chittenden County State's Attorney, Burlington, Vermont (Scot L. Kline, Chittenden County State's Attorney, of counsel) for Respondents-Appellants.

Before: LUMBARD, ALTIMARI, and McLAUGHLIN, Circuit Judges.

The State of Vermont appeals from a judgment of the United States District Court for the District of Vermont, Franklin S. Billings, Jr., Judge, granting Cardinal's petition for a writ of habeas corpus and setting aside Cardinal's conviction in the Vermont District Court for sexually assaulting his seventeen-year-old daughter.

Reversed.

Summaries of

Cardinal v. Gorczyk

United States Court of Appeals, Second Circuit
Apr 3, 1996
81 F.3d 18 (2d Cir. 1996)

finding that defendant waived his right to be present at individual voir dire conducted at the bench

Summary of this case from Cohen v. Senkowski

referencing a defendant's right to "see and hear" prospective jurors during voir dire

Summary of this case from U.S. v. Quinones

In Cardinal, 81 F.3d at 20, we found that because the defendant had participated in voir dire at his first trial, he was aware of his right to be present for the voir dire proceedings and his failure to assert that right constituted its waiver.

Summary of this case from Cohen v. Senkowski

referencing a defendant's right to ‘see and hear’ prospective jurors during voir dire

Summary of this case from Lam Luong v. State
Case details for

Cardinal v. Gorczyk

Case Details

Full title:ANTHONY CARDINAL, Petitioner-Appellee, v. JOHN GORCZYK and JEFFREY…

Court:United States Court of Appeals, Second Circuit

Date published: Apr 3, 1996

Citations

81 F.3d 18 (2d Cir. 1996)

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Coleman v. Smith

United States v. Fontanez, 878 F.2d 33, 36 (2d Cir. 1989). A defendant may implicitly waive his right to be…

Cohen v. Senkowski

Similarly, in Gallego, we held that Martinez, the defendant-appellant, had waived his right to be present…

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