Jemere Guillory v. Trent Allen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEMERE GUILLORY, No. 19-55290 Petitioner-Appellant, D.C. No. v. 3:17-cv-02084-

CAB-BGS

TRENT ALLEN, Acting Warden, Respondent-Appellee. OPINION

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Argued and Submitted September 13, 2021 Pasadena, California

Filed July 1, 2022

Before: Ronald M. Gould, Marsha S. Berzon, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Collins SUMMARY *

Habeas Corpus

The panel vacated the district court’s judgment denying a habeas corpus petition brought pursuant to 28 U.S.C. § 2254 by Jemere Guillory, who was convicted in California state court of multiple offenses arising from an investigation into a shooting in San Diego; and remanded for further proceedings.

In Guillory’s direct appeal from his conviction, the state appellate court rejected his argument that his Sixth Amendment right to a public trial had been violated by the alleged exclusion of his family members from the courtroom during jury…