We hold, based upon a review of the record, that Crandall received accommodations commensurate with the degree of difficulty that was, or reasonably should have been, clear or obvious to the District Judge.
Defendant‐appellant George Crandall (“Crandall”) was convicted in the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge), after trial by jury, of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal, Crandall argues that his due process rights were violated because of a hearing impairment that allegedly prevented him from exercising his Sixth Amendment rights to, inter alia, be present, assist in his defense, and confront witnesses against him.
We hold that the Sixth Amendment requires reasonable accommodations for hearing‐impaired criminal defendants during judicial proceedings and that such accommodations must be commensurate with the severity of the hearing impairment. Where a criminal defendant does not notify the District Court of the impairment, however, he is only entitled to accommodations commensurate with the degree of difficulty that was, or reasonably should have been, clear or obvious to the District Judge.
Judge(s): José A. Cabranes
Jurisdiction: U.S. Court of Appeals, Second Circuit
|Circuit Court Judge(s)|
|John Walker, Jr.|
|Trial Court Judge(s)|
|Frederick Scullin, Jr.|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Richard Hartunian||U.S. Department of Justice|
|Brenda Sannes||U.S. Department of Justice|
|Paul Silver||U.S. Department of Justice|