Raghubir Gupta, a New York attorney, was convicted in 2008 in the Southern District of New York of preparing fraudulent immigration applications and sentenced to 51 months’ imprisonment.
On Friday, the U.S. Court of Appeals for the Second Circuit reversed Gupta’s conviction, holding that the trial court violated Gupta’s Sixth Amendment rights by excluding the public from jury selection during his trial, as reported by Reuters. The trial judge had directed all non-jurors to leave the courtroom to make space for prospective jurors during jury selection, also known as voir dire. The Court of Appeals reached its holding pursuant to a U.S. Supreme Court decision, Presley v. Georgia, 130 S.Ct. 721 (2010), which held that jury selection must be open to the public.
Gillen Withers & Lake LLC has a long track record of proven favorable results in both criminal and civil matters. Contact us in Atlanta or Savannah, (404) 842-9700, (912) 447-8400, for a full consultation regarding your particular matter.
“Justice denied anywhere diminishes justice everywhere.” — Dr. Martin Luther King, Jr.