Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel?
MultiRegion, United States of America
The following excerpt is from Vega v. Schneiderman, 861 F.3d 72 (2nd Cir. 2017):
court's denial of an opportunity for defense counsel to make a closing argument violated her Sixth Amendment right to assistance of counsel under Herring v. New York , 422 U.S. 853, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975). Vega contended that although she was not incarcerated at the time she filed her petition, she was still "in custody" within the meaning of 2254(a) because she was subject to an order of protection that imposed a significant restraint on her liberty.
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