DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
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054378P.pdf   12/12/2006  Barry Caesar Garcia  v.  Leann K. Bertsch
   U.S. Court of Appeals Case No:  05-4378
   District of North Dakota - Bismarck   
   [PUBLISHED] [Melloy, Author, with Arnold and Bye, Circuit Judges]
Habeas Case - section 2254. Denial of habeas relief is affirmed. State court's resolution of Sixth Amendment claim of right to public trial when district court partially closed courtroom during testimony of minor witness was not objectively unreasonable, although record may not have been sufficient to support partial closure had the issue been presented on direct appeal. State court's ruling that ineffective assistance of counsel claim for failure to report alleged juror misconduct and failure to present mitigating evidence at sentencing failed because defendant failed to show prejudice was not objectively unreasonable. Judge Arnold dissents.