Defendant Whose Hearings Were Closed Due to Covid Gets New Trial

A defendant who was convicted for being a felon in possession of a firearm is entitled to a new trial because his suppression hearing and trial were closed under Covid protocols that were far too restrictive, the Ninth Circuit said.

James Allen was tried in 2020 at the height of the Covid pandemic. His attorney acknowledged the court’s concerns with stopping the spread of the virus and said that the proceedings should be live streamed.

Judge Haywood S. Gilliam Jr. of the U.S. District Court for the Northern District of California was concerned that livestreaming the proceedings to another room ...